Document Z43e517VQoELBe2v5dj9x8baO

- f\ /. y . ^ v THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA NEVADA POWER COMPANY -vs- v: Plaintiff, ) ) ) # CV-S-89-5 55-LDG (LRL) MNSANTO COMPANY, et al., ) ... ' .W Defendants, DISCOVERY DEPOSITION OF PAUL BENIGNUS On the part of the Plaintiff S AP r i l 2 , 1 9 9 3 Concam 705 Olive Stref ot* U m , / COMPUTER AIDED-TRAMSCRIPTIOR & ______________________!____ _ f IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 2 3 NEVADA POWER COMPANY, ) 4 -IT ) Plaintiff, ) 5 -vs- ) ) # CV-S- 89-555-LDG (LEL) ) 6) MONSANTO COMPANY, et al., ) 7) Def endants. ) 3 9 DISCOVERY DEPOSITION OF WITNESS, to be used in an 10 action pending in the District Court of the United States, 11 for the District of Nevada, wherein NEVADA POWER COMPANY is 12 Plaintiff, and MONSANTO COMPANY, et al., are the 13 Defendants, pursuant to Notice, under the provisions of 14 Rule 26 of the Rules of Civil Procedure, taken on April 2, 15 1993, at the law offices of Messrs. Husch Eppenberger, 16 100 N. Broadway, St. Louis, Missouri, before Mark D. 17 Concannon, a Notary Public within and for the State of 18 Missouri. 19 A P P E A R A N C E S 20 The Plaintiff was represented by Attorney Ralph A. Bradley of the law firm of Jones, Jones, Close & Brown, 21 Chartered, 700 Bank of America PI as a, 300 South Fourth Street, Ste. 700, Las Vegas, Nevada 89101, and Richard 22 Hinckley, Vice-President/General Counsel, Nevada Power. 23 The Defendant, Monsanto, was represented by Attorney Bruce A. Featherstone of the law firm of Kirkland a Ellis, 24 1999 Broadway, Ste. 4000, Denver, Colorado 70202. 25 2 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 A P P E A R A N C E S (:continuing) 2 The Defendant, Westinghouse, was represented by Attorney Laurie Basch of the lav? firm of Weil, Gotshal O Manges, 767 Fifth Avenue, New York, New York 10153, and Peggy A. Leen of the law firm or Thorndal, Backus, Maupin 4 Armstrong, 1100 E. Bridger Avenue, Las Vegas, Nevada 89125- 2070. 5 The Defendant, General Electric, was represented by 6 Attorney Steven R. Kuney of the law firm of Williams & , Connolly, 725 12th Street, N.W., Washington, D.C. 20005. 7 Also present: Liz-Gini, paralegal. 8 9 10 11 12 13 14 j 15 16 17 18 19 20 21 9O 23 24 25 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION \ 1 PAUL BENIGNUS, 2 of lawful age, being first duly sworn to tell the truth, 3 the whole truth, and nothing but the truth, deposes and 4 says on behalf of the Plaintiff, as follows: 5 DIRECT EXAMINATION 6 QUESTIONS BY MR. BRADLEY: 7 Q. Would you please state your name and spell 8 your last for the record? 9 A. Paul Benignus. It5s spelled B, as in boy, 10 B-e-n-i-g-n-u-s. 11 Q. Mr. Benignus, my name is Ralph Bradley, and we 12 introduced ourselves to one another a few moments ago? is 13 that true? 14 A. That's correct. 15 Q. You understand that I representNevada Power 16 Company in this lawsuit they've brought against Monsanto, 17 General Electric, and Westingnouse? 18 A. Yes. 19 Q. Are you here todayrepresented by anattorney? 20 A. Yes. 21 Q. All right. Bo you know the purposes of a 22 deposition? 23 A. Yes, sir. 24 Q. If I ask a question during this -deposition 25 that you don* t understand, will you tell me? - 4CONCANNON & JAEGER `1 COMPUTER AIDED TRANSCRIPTION' 1 Yes, sir. Q. And if at any time you want to take a break for whatever reason, you let us know and we*11 accommodate 4 you. All right? 5 A. Yes. 6 Q. Did you review any materials in preparation 7 for today's deposition? 8 A. Hot specifically. However, I have seen 9 materials that you have, some of them. I don't know to 10 what extent. 11 Q. Well -- 12 A. I have no special preparation to be here. 13 Q. What is your residential address? 14 A. 47 Metcalf, M-e-t-c-a-l-f, Drive,Belleville, 15 B-e-l-l-e-v-i-l-l-e, Illinois 62223. 16 Q. Have you had yourdepositiontaken before? 17 A. Yes, sir. 18 Q. When is the most recent time you have had your 19 deposition taken? 1: 20 A. I can't give you the exact time. I will 21 estimate this as being two years ago. 22 Q. Did thatdeposition relate topolychlorinated 23 biphenyls? 24 A. It related to a transformer that did contained 2 5 polychlorinated biphenyls, an askarel, a-s-k-a-r-e-1, type CONCANNOH & JAEGER COMPUTER AIDED TRAMSCRIPTIOR 1 transformer 2 Q. Do you remember the name of that lawsuit in 3 which you had your deposition taken two years ago? 4 A. I think it was called one something plaza in 5 San Francisco. 6 Q. Have you had your deposition taken at any 7 other time where the subject matter of the deposition was 8 at least in part related to askarel or polychlorinated 9 biphenyls? 10 A. Yes. 11 Q. What other depositions have you given on that 12 topic? 13 A. There was a -- I'm trying to think of these. 14 There weren't many. There was a case -- In addition to 15 this one that I mentioned, there was a case in Houston 16 where I testified. 17 Q. Do you remember the name of that case? 18 A. I don't know the specific title, but it 19 involved Westinghouse employees. 20 Q. And how did it involve Westinghouse employees? 21 A. They were people who had worked with askarel. 22 Q. Were theyalleging that they were injured by 23 exposure to askarel? 24 A. This is what they alleged. 25 Q. Did you testify in the trial of that case? -6CONCANNON"& JAEGER COMPUTER AIDED TRANSCRIPTION 1 A. No. o Q. Just had your deposition taken? 3 A. Just had my deposition. I've never been in 4 any trial. 5 Q. Do you recall having your deposition tran6 scribed and put in a little booklet? 7 A. Yes. 8 Q. Did you sign an original copy of that booklet? 9 A. I would assume so, that I signed it, yes. 10 Q. Do you have a copy of that deposition? 11 A. I'm not absolutely sure. I may have. I did 12 have at one time. 13 Q. All right. Any other cases that you have 14 given depositions in? 15 A. There was another case that I think I gave a 16 deposition on, and that involved, I think, a landfill in 17 Bloomington, the City of Bloomington, Indiana. 18 Q. All right. Do you know whether you have a IS copy of the transcript of the deposition you gave regarding 20 the testimony of the landfill in Bloomington? 21 A. I'm not sure that I have. I may have? I'm not 22 sure. 23 Q. Have you given your deposition in any other 24 cases where the subject matter was at least in part related 25 to PCBs or askarel? -7CONCANNON & JAEGER COMPUTER AIDED IRAKSCRIP?IOK 1 A. I think I -- The total, I don't think, exceeds 2 four, and I don't keep these clearly documented in my mind. 3 I think there was a case in Jacksonville, Florida -- I 4 think; I'm not sure -- where there was a relatively new 5 building that had askarel transforraers in it. 6 Q. And what was there about the relatively new 7 building with askarels in it that resulted in your having 8 your deposition taken? Did the transformer explode? S A. No. There was no trouble whatsoever. 10 Q. Do you know why your deposition was taken in 11 that case? 12 A. I would say, yes. As I understood it, some 13 one took it upon themselves to pass judgment, which need 14 not have been done, as I recall this, and these perfectly 13 good, normal, operating transformers were removed, and, 16 being removed, they were replaced with other equipment. 17 Q. And let's go back for a moment to the case in 18 Houston involving the Westinghouse employees. Bo you know 19 what the purpose was in having your deposition taken in 20 that case? 21 A. To testify about askarels and their proper 22 ties. 23 Q. Did you testify about your work history with 24 Monsanto in the case in Houston? A . Yes. - 8- CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 Q. Did you testify regarding any warnings Lr.\ Ilonscinto may have given to Westingnouse employees regarding 3 askarel? 4 A. The warnings we gave to everybody was -- 5 MR, FEATHERSTOME: He just asked you whether 6 you testified on that subject. 7 THE WITNESS: Oh, excuse me. Did I misinter 8 pret that? 9 Q. (by Mr. Bradley) The question is not what you 10 said, but whether you testified about that subject, whether 11 you testified about warnings that Monsanto gave to 12 Westinghouse employees regarding askarel,. 13 A. We would have given -- 14 MR. FEATHERSTONE: Paul, the question simply 15 was whether you recall testifying on that subject matter, 16 not the contents of the warnings. Just, do you remember 17 being asked about warnings? 18 THE WITNESS: I don*t recall. Maybe I don't 19 understand the question. 20 Q. (by Mr. Bradley) Well, if you don't recall, 21 you should tell us you don't recall. 22 A. Let's leave it I don't recall. 23 Q. Okay. I want to go into your educational 24 background, and let's start with receiving your Bachelor's 25 Degree. - 9CONCANNON & JAEGER COMPUTER AIDED TRAMSCRIPTION 1 A. That was at Illinois College, Jacksonville, 2 Illinois; Bachelors Degree; Major, chemistry; Minors, 3 education and physics; and it was in 1933. 4 Q. Where did you get your Master* s Degree? 5 A. It was at Washington University, St. Louis, 6 Missouri -- 7 Q. Okay. 8 A. -- 1934, organic chemical synthesis. 9 Q. Organic chemical synthesis was an area that 10 you studied for receipt of your Master1s Degree? 11 A. Yes. 12 Q. And was your Major in organic chemistry? 13 A. Yes. 14 Q. And you received that in 1934? 15 A. 193 4. 16 Q. Did you write a paper to enable you to receive 17 a Master's Degree? 18 A. Yes. 19 Q. What was the subject matter of your Master's 20 thesis? 21 A. The oxidation of phthalid, p-h-t-h-a-1-i-d, to 22 orthophthalaldehyde, p-h-t-h-a-l-d-y-d, acid. 23 Q. What did you do when you completed your 24 Master* s Degree? 25 A I went to work. - 10 CONCANNON & JAEGER  ---------- '<*------- COMPUTER AIDED TRANSCRIPTION o1. Q. For v/hom? 9 A. I worked for a very brief time at Western 3 Cartridge in Alton. 4 Q. What work did you do for them? 5 A. I was running a detonator plant. This is a 6 plant that raanufactured powders and explosives and 7 detonators, but I was there only a short period of time. 8 Q. And what did you do next for work? 9 A. The next place I went, I went x*ith Monsanto 10 when a job opened there. So I began there in 1934. 11 Q. What job title did you have xfhen you began 12 work with Monsanto? 13 A. I began, like all beginners, no title. I was 14 in the analytical laboratory, and was there for two years. 15 Q. What x/ork were you doing in the analytical 16 laboratory? 17 A. Analysing the chemicals that Monsanto pro18 duced. 19 Q. During that period of time did you analyse any 20 chemicals that contained polychlorinated biphenyls? 21 A. No, si r. 22 Q. Did you analyse any chemicals that contained 23 chlorinated diphenyl? 24 A. No, sir. 25 Q. What was your next -- Did if you have a job - 11 CONCANNON & JAEGER COMPUTER AIDED TRAU SCRIPT IOil 1 title when you left the analytical laboratory? 2 A. Really not. 3 Q. What work did you do after you left the 4 analytical lab? 5 A. After that I went into advanced sort of 6 specialized analytical laboratory work. 7 Q. How did that differ, if at all, from the 8 analytical work you did when you began with Monsanto? 9 A. Essentially, not. 10 Q. Were you then also working in the analytical 11 laboratory? 12 A. No. It was in a different separate section. 13 Q. Which section was it in? 14 A. I refer to it here merely as a room. 15 Q. All right. And what work did you do as an 16 advanced analytical lab -- in your work with advanced 17 analytical laboratory work? 18 A. I don't recall specifically what we ail worked 19 on, but it would have related to the chemicals that the 20 company was making in some form or another. 21 Q. Still analyzing chemicals that Monsanto 22 produced? 23 A. Yes. In essence, correct. 24 Q. How long did you do advanced analytical 25 laboratory work? - 12 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 A. I think, for a year. Not much more. 2 Q. During that year did you analyze any chemi3 cals manufactured by Monsanto that contained chlorinated 4 diphenyl? 5 A. No, sir. 6 Q. What did you do next? 7 A. Next I worked as what they call a plant 8 chemist, where I was more directly working in a production 9 of chemicals. 10 Q. Where were you a plant chemist? 11 A. This was all on South Second Street, at St. 12 Louis. 13 Q. What was the name of the plant, if there was a 14 name, where you were a plant chemist? 15 A. It was called the John F. Queeny Plant, in 16 honor of the founder of Monsanto. 17 Q. And when did you begin work as a plant 18 chemist? 19 A. Well, approximately three years after I 20 started in '34. It must have been somewhere around *37. 21 Q. What work did you do as a plant chemist? 22 A. I did the analytical, or control -- better 23 call it control analysis required in the manufacturing 24 process of the department I was working for. 25 Q. Which department were you working for? - 13 CONCANNON JAEGER COMPUTER AIDED TRANSCRIPTION 1 A. I was in a department that produced salicylic 2 acid and another department that was involved in the 3 production of an intermediate for saccharin. 4 Q. How long were you a plant chemist? 5 A. I think, approximately two years. 6 Q. As a plant chemist you did not work with 7 polychlorinated biphenyls or chlorinated diphenyl, I 8 assume? 9 A. That is correct. 10 Q. What did you do next? 11 A. Next, I went into the research department of 12 the organic chemicals division, same location. 13 Q. Did you have a job title when you went into 14 the research department? 15 A. Really not. Just chemist. 16 Q. What work did you do when you went into the 17 research department of the organic chemicals division? 18 A. Specifically, in the group I was with, was 19 application research. 20 Q. What is application research? 21 A. That is applying, working on the use of MOd9+ chemicals, as differentiated from the production or basic 23 research of chemicals. 24 Q. How long were you in the research department 25 of the organic chemicals division? - 14 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION I i A. Prom 1939 until, I believe, 1942, early '42, I 2 believe. 3 Q. During the time you were in the research 4 department of the organic chemicals division, did you do 5 any work with chlorinated diphenyl or polychlorinated 6 biphenyls? 7 A. Not that I recall. I don't think I did. 8 Q. What did you do next? 9 A. Next, in 1942, I was in the organic chemicals 10 division1s development department. 11 Q Was that also at the John P. Queeny Plant? 12 A. Yes. 13 Q. What work did you do in the organic chemical 14 division's development department? 15 A. I had a laboratory, my own laboratory, and I 16 did whatever the development department needed or wanted 17 done that required laboratory work. ) 13 Q. What kind of work did the development depart 19 ment ask you to do when you were in the organic chemical 20 division* s development department? 21 A. One of the prime things, if not the prime 22 thing, was working with pentachloro, p-e-n-t-a-c-h-l-o-r-o, 23 phenol, p-h-e-n-o-1. 24 Q. What work were you doing relative to penta 25 chiorophenol? - 15 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION I M SB * 1 A. Pentachloropnenol was developed as a wood 2 preserver to protect wood against termites and fungus. 3 Q. How long were you in the organic chemical 4 division's development department? 5 A. Until about 1946. 6 Q. While you were in the organic chemical 7 division's development department did you do any work with 8 chlorinated diphenyl or polychlorinated biphenyl? 9 A. On a limited basis, I did. IO Q. What did you work with? 11 A. Aroclor was Monsanto's trade name for this. 12 Q. And back between 1942 and 1946 was Aroclor 13 considered to have chlorinated diphenyl as part of its 14 composition? 15 A. Well, Aroclor is chlorinated biphenyl, and 16 they* re also chlorinated terphenyls, t-e-r-p-h-e-n-y-1-s. 17 Q. What work did you do with Aroclor when you 18 were in the organic chemical division's development 19 department? 20 A. I* d like to explain this so that you under21 stand it. I'11 have to give you a bit of background on 22 this. 23 Q. That's fine. 24 A. The Aroclor, as it's now called, PCBs, those 25 were materials at that point in time that were produced in - 16 - CONCANNON JAEGER ' COMPUTER LIDSD TRANSCRIPTION 1 the inorganic division, which was Anniston, Alabama. Now, 2 I was in the organic division at this time, in the develop 3 ment department, and I was asked to run very routine, 4 ordinary things such as physical constants, typical normal 5 things, density, and so on and so forth - that type of 6 work. That was the extent of it. 7 Q. Explain to me what work you did with Aroclor 3 regarding physical constants? 9 A. This had to do with specifications which were 10 established by the General Electric Company and the test Ji&.--,L methodology and procedures originally formulated and 12 specified by the General Electric Company. And then 13 Monsanto, as the supplier of the PCBs, had to arrive at 14 conformity and agreement with General Electric Company that 15 everything was orderly from the standpoint of our being 16 able to provide what is wanted. 17 Now, to expand on this, there also was docu 10 mentation thereafter of these specifications, test methods, 19 at the American Society of Testing and Materials that was 20 in our country. And to expand that still further, that was 21 then disseminated through the International Technical 22 Commission worldwide, to all countries where PCBs were of 23 interest, all in the interest of standardization. 24 Q. The specifications that you talked about, what 25 would those include? - 17 CON CANNON & JLEGER COMPUTER AIDED TRANSCRIPTION i 1 A. The complete specification, everything that 2 was of interest to the electrical industry. 3 Q. Give me some examples. 4 A. You have the bulletin here. I mean, the -- 5 MR. FEATHERSTONE: Well, Paul, give him some 6 examples of what you mean by "complete specifications," and 7 we*re talking about the time that you were in the develop 8 ment department. I mean, for instance. 9 THE WITNESS: We're now going beyond the time 10 I was in the development department. 11 MR. FEATHERSTONE: But that's where he is in 12 his questions. 13 THE WITNESS: No, he isn't. You're behind. 14 MR. FEATHERSTONE: I may be, but that's where 15 we are. 16 THE WITNESS: That's where you are. 17 All right. I already said, going back, 18 retracting, I already said, in the development department I 19 worked on very ordinary, routine things involved with the 20 physical constants and/or specifications of PCB materials. 21 Some of these very ordinary things are: density, color, 22 refractive index, odor - very ordinary things. 23 Q (by Mr. Bradley) Including viscosity? 24 A. Viscosity. thank you. Viscosity. 25 Q. All right. To whom did you report when - 18 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 worked in the organic chemical division's development 2 department? 3 A. To Mr. Lynn Watt, W-a-t-t-. 4 Q. Did you also report to Mr. Lynn Watt the 5 results of the standard routine work you were doing with 6 Aroclor? 7 A. Only from the standpoint that I did this. 8 Q. Were there any other people that you reported 9 to while you were in the organic chemical division's 10 development department regarding the standard work you were 11 doing with Aroclor? 12 A. No, sir. 13 Q. Okay. What did you do next? 14 A. Next was a relatively brief time in what they 15 call the sales development department of the organic chemi IS cals division. And my reason for going to that location, 17 which was in the same area, was stemming from my work in 18 the development department during the war years when my 19 work was confined, restricted, strictly for military work 20 to enhance the war effort. 21 I had invented and developed a fungistat, 22 badly needed to protect military equipage, meaning things 23 made of cotton. And the problem was largely that in the 24 South Pacific cotton fabrics deteriorated very rapidly. 25 This was before the advent of nylon, polyesters and the - 19 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 synthetics which are much more resistant to such degrada 2 tion by fungi and so forth. 3 Q. When you went to the sales department, it was 4 related to the development of the fungistat? 5 A. This is correct. 6 Q. What did you do next? 7 A. Next, and this brings us up to October, 1947, 8 I was invited by the inorganic division to join that divi 9 sion. Their business and management offices had been moved 10 from Anniston, Alabama, to our building on South Second 11 Street here in St. Louis. 12 Q. At the Queeny Plant? 13 A. At the Queeny Plant, the home office of 14 Monsanto. 15 Q. What work do you do beginning in October of 16 1947 with the inorganic division? 17 A. Specifically, my assignment was to handle all 18 nonelectrical applications for Aroclors, or as we're using 19 the term, PCBs. 20 Q. What work did you do when you handled all non 21 electrical applications for Aroclors or PCBs? 22 A. Whatever there was to pursue and to do with 23 the application of these, or use of these materials for 24 nonelectrical purposes. 25 Q. Were you involved, then, in developing poten- - 20 CON CANNON JAEGER. COMPUTER VIDEO TRANSCRIPTION 1 tial uses for Aroclor and PCBs in nonelectrical systems? 2 A. Essentially. However, it was more a matter of > pursuing uses that, an application that people outside of 4 Monsanto had initiated or begun, rather than that Monsanto 5 initiated or developed to use. 6 Q. How long where you within the inorganic divi 7 sion when you began -- Viell, let me ask it this way: Did 8 you have a job title when you began your work with the 9 inorganic division in October of 1947? 10 A. Yes. 11 Q. What was your job title? 12 A. The title was assistant director of develop 13 ment . 14 Q. How long were you the assistant director of 15 development? IS A. Until the business was now moved from the 17 inorganic division into the organic division, and that was 18 in 1951 or early 1952. 19 Q. Who was the director of development for the 20 inorganic division while you were the assistant director? 21 A. Paul Louge, L-o-u-g-e. 22 Q. Do you know whether Paul Louge is still 23 living? 24 A. The last time I spoke with Paul was about 25 three years ago, and I think he was ninety-seven. - 21 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 Q. What uses did you develop for Aroclor while 2 you were assistant director of development in the inorganic 3 division? 4 A. As I said, it was more a matter that we pur 5 sued applications rather than that we invented these 6 things. Now, this gets us initially into applications such 7 as plasticizers. 8 Q. Were you -- While you were assistant director 9 of development in the inorganic division, did you work on 10 developing Aroclors as plasticizers? 11 A. Yes, I pursued this. Yes. 12 Q. What other uses did you pursue relative to 13 Aroclor between October of 1947 and the end of 1951? 14 A. These materials were used in sealing com 15 pounds, in adhesives, in lacquers, in paints. One would 16 include varnishes. 17 Q. All right. Do you recall why it was that 18 during this four-year period of time you worked on the 19 development of Aroclor with plasticizers? 20 A. Why it was? 21 Q. Yes. You hadindicated that sometimes, or 22 maybe all of the time -- it* s not clear to me -- you were J responding to interests outside of Monsanto., 24 A. Yes. 25 Q. So I'm interested inknowing if therewas some - 22 CONCANNON JAEGER COMPUTER AIDED TRAiTSCRIPTIOM 1 business outside of Monsanto tnat asked Monsanto to develop 2 Aroclors for plasticizers? 3 A. Mot specifically. However, when those uses 4 were recognized, like the -- an early use was the use of 5 Aroclor as a plasticizer for nitrocellulose, for example. 6 What we would do is provide compatibility data and informa 7 tion and other physical-property information of interest. 8 We were merely providing a service. 9 Q. Do you recall whether the development of 10 Aroclor in plasticizers was a use that was brought about 11 through outside interests to Monsanto or whether it was 12 developed through inside interests within Monsanto? 13 A. Prom outside interests, I would say. 14 Q. Do you recall who it was outside of Monsanto 15 that requested Aroclor* s application or use within plasti 16 cizers? 17 MR. FEATHERSTONE: Requested or developed? 18 Your first question was developed and now you are to 19 requested. 20 A. Many people. 21 Q. (by Mr. Bradley) Okay. Do you recall the 22 names of any of the people? 23 A. Oh, I could, yes, sir. Aroclor was perhaps 24 the most widely used family of chemical compounds in the 25 history of organic chemistry. They were very widely used. - 23 COMCAIJHOH & JAEGER COMPUTER AIDED TRANSCRIPTION 1 Q. Do you recall whether your work as assistant 2 director of development with Aroclors and sealing compounds 3 was brought about from interests outside of Monsanto? 4 A. That would have been interests outside of 5 Monsanto, yes. 6 Q. While you were the assistant director of 7 development, did you have your own laboratory? 8 A. At that point in time I did not have my own 9 laboratory. I had an office in St. Louis, and the 10 laboratory facilities were in the plant, research, and so 11 forth, at Anniston, Alabama. 12 Q. In your work as assistant director of develop 13 ment in the organic division, would you -- 14 A. Excuse me. Inorganic division. 15 Q. Let me start that again. 16 A. Oh, wait a minute. 17 MR. FEATHERSTONE: Paul, let him ask his 18 question. 19 Q. (by Mr. Bradley) In your work as assistant 20 director of development in the inorganic division, I take 21 it, then, that you did not develop the plasticisers that 22 contained Aroclor, correct? 23 A. Correct. ^ 24 Q. Your work was limited to determining 25 compatibility data and other physical-property information - 24 - CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION i requested outside of Monsanto. 2 A. This is correct. 3 Q. What work did you do nest? 4 A. Next, and I think we already said in 1951or 5 *52, Aroclor products, PCBs, were moved out of the 6 inorganic chemicals division and placed into the organic 7 chemicals division. 8 Q. What job title did you have when that move 9 occurred? 10 A. I really don*t think any. 11 Q. All right. So whenever this move occurred, 12 you then were the assistant director of development for the 13 organic division? 14 A. No. That's what I meant by I didn't have a 15 title. We were moved, and Ididn* t use that title that I 16 had prior, and we were movedto the organic chemicals 17 division. Up to that period of time I had been working on 18 nonelectrical applications. But now, starting in 1952, 19 let's say, I then specialized -- began to specialize in 20 electrical applications. 21 Q. To whom did you report when the inorganic 22 chemicals division was placed into the organic chemicals AOOT division? what I mean is, after the move occurred, to whom 24 did you report? 25 A. Sy Newcombe, N-e-w-c-o-m-b-e. - 25 CONCAMNON JAEGER COMPUTER AIDED TRANSCRIPTION 1 Q. And after that move occurred, did you have a 2 job title? 3 A. I don* t recall. 4 Q. All right. And do you know whether Sy 5 Newcombe is still living? 6 A. I don't know. I think so? he's not an old 7 man. 8 Q. When is the last time you saw Mr. Newcombe? 9 A. Years ago. 10 Q. Okay. 11 A. He wasn* t there long after I was put into his 12 area. 13 Q. All right. Did you report to someone other 14 than Sy Newcombe after the move from the inorganic to the 15 organic chemicals division? 16 A. Yes. There were many# supposedly, that I 17 reported to. 18 Q. Who did you report to after Mr. Newcombe? 19 A. George Buchanan took over from Newcombe, and 20 they were what they called the oil additives department. 21 rW\ * The oil additives department of the organic 22 chemicals division? 23 A. Yes. 24 Q. How long did you work in the organic chemicals 25 division specializing or beginning to specialize in - 26 CONCANNON & JAEGER COMPU TER aIDS D TRAN SCRIPT IQl'i 1 electrical applications for Aroclor? 2 A. Until I retired in 1974. 3 Q. Did you ever have a job title while you worked 4 in the organic chemicals division? 5 A. From time to time there were several titles 6 oestowed. I didn't request any. 7 Q. During -- Following the transfer in 1951 or a '52/ were you always specializing in electrical applica 2 tions for Aroclor? 10 A. Yes, sir. Strictly. I I Q. ( So your job functions remained the same. You 12 just may have had a different title or two in there? 13 A. Yes. Through those years from '52 to *74. 14 Q. Since your retirement in 1974, have you con 15 sulted for Monsanto? 16 A. For a period of sis months they asked me to i 17 consult. Now, at that time, people sixty-five years old 18 weren't supposed to work anymore. 19 Q. And did you consult with Monsanto following 20 the six months after you retired in 1974? 21 A. No. 22 Q. Have you done any workfollowing 1975 for any 23 one other than Monsanto? 24 A. Meaning what? 25 MR. FEATHERSTONE: Have youconsulted for any- - 27 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 one else other than Monsanto, for instance? Or any busi 2 ness employment, I think, is also covered by his question. 3 Q. (by Mr. Bradley) That's correct. Anybusi 4 ness -- 5 A. No. Not any business connections. I was 6 retired. And the reason I ask you instead of just answer 7 ing, I'm still a lifetime member of the American Society 8 for Testing and Materials and have followed things and was 9 active to some extent in these technical organizations, but 10 no commercial. 11 Q. Did you get paid for the work that you did 12 with these technical organisations? 13 A. No. 14 Q. So, relative to salary and income, you've been 15 retired since '74 or '75, when you stopped your consulting 16 work with Monsanto? 17 A. That's correct. 18 MR. BRADLEY: Would this be a good time to 19 take a short break? v 20 MR. FEATHERSTONE: Sure. 21 MR. BRADLEY: Let's do that. 22 (Thereupon, a short recess was taken.) 23 Q. (by Mr. Bradley) I'm going to go back over 24 the period of time that you worked for Monsanto and try to 25 flush some things out, so that you know what I'm doing. - 28 - CONCANNON &. JAEGER COMPUTER AIDED TRANSCRIPTION 1 When you began work for Monsanto, did you have 2 occasion to meet Dr. Emmett Kelly? 3 A. Yes. 4 Q. When did you meet Dr. Kelly? 5 A. He was the medical director, and Mr. Watt, my 6 boss -- Watt reported to Mr. Queeny, and Watt brought in 7 Kelly. 8 Q. I'm sorry. I didn't hear that. Watt reported 9 to? 10 A. Mr. Queeny, Edgar Queeny. 11 Q. Okay. 12 A. So Watt had a position of authority, and he 13 brought in Emmett Kelly# setting up the medical department. 14 Q. Was there a medical department within Monsanto 15 when you began work there? 16 A. When I began work there, it wasn't really a 17 hundred percent within Monsanto. We had medical facilities 18 and advisement on a shared basis. There was, as I remem 19 ber, a doctor on Broadway, a few blocks away, he had his 20 practice. 21 Q. Do you recall roughly when Emmett Kelly was 22 brought into Monsanto? 23 A. Roughly, in 1935, let me say. I'm not sure. 24 Q. Do you know whether Dr. Kelly was the first 25 director of the medical department of Monsanto? - 29 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 A. A hundred percent, yes. 2 Q. Did you ever have any job responsibilities in 3 the 1930s that caused you to work with Dr. Kelly? 4 A. No. 5 Q. Did you ever have job responsibilities that 6 caused you to work with Dr. Kelly? 7 A. To the extent, certainly, as medical director, 8 anything that I compiled or published, I was subject to 9 having him review and approve any medical matters. 10 Q. When was the first time that you published 11 something that Dr. Kelly approved for medical matters? 12 A. I believe 1954 would be my best estimate. 13 Q. Anddo you recall whether the material that 14 you submitted to Dr. Kelly for his review and approval on 15 medical matters involved Aroclor? 16 A. This is what the publication was about. 17 Q. And what publication was it? 18 A. I think it's entitled, and I'm sure you have 1 9 it, "The Proper Handling of Aroclors in the Electrical 20 Industry." 21 Q. Do you know whether in the 1930s Monsanto 22 provided chlorinated diphenyl to the Halowax Corporation? 23 A. I don't recall anything like that. In the 24 1930s? Ho. I don't know. I wouldn't be in a position to 25 know. - 30 CONCANNON & JAEGER COKPU TER AI DE D TRANS CRIPTIOU i Q. Have you heard of the tern "halowax"? 2 A. Well, certainly. 3 Q. When did you first hear that terra? 4 A. Halowax, chlorinated naphthalene is a long 5 known organic compound. 6 Q. Is it your understanding thathalowax was 7 chlorinated naphthalene? 8 A. Yes. 9 Q. Was there ever a halowax that was a combina 10 tion of chlorinated naphthalene and chlorinated diphenyl? 11 A. I would say no. They1re separate entities. 12 Q. Who informed you that halowax was chlorinated 13 naphthalene? 14 A. Well, I guess I knew that from my chemical -- 15 my background in chemistry. 16 Q. Is halowax a trade name? 17 A. Halowax is a trade name, yes. I have somewhat 18 misinterpreted your question. Halowax is a trade name for 19 chlorinated naphthalene. Nebranon wax is the German trade 20 name, ll-e-b-r-e-n-o-n. 21 MR. BRADLEY: I'm going to be about two 22 minutes, so we can go off the record briefly. 23 (Thereupon, a short recess was taken.) 24 Q. (by Mr. Bradley) During your work at 25 Monsanto, were you familiar with the Halowax Company? - 31 CONCANNON JAEGER COMPUTER AIDED TRANSCRIPTIOH 1 A. I knew of their existence. That's all. 2 Q. Did you know that they worked with chlorinated 3 naphthalene? 4 A. I knew that they produced it. 5 Q. Did you know that their 'workmen also used 6 chlorinated diphenyl? 7 A. Ho. This was before my time. 8 Q. Did you discuss Aroclor with Dr. Emmett Kelly 9 before 1954? 10 A. I would have to say yes. 11 Q. All right. And you have used Aroclor and PCBs 12 interchangeably. Is that how you understand them? 13 A. Yes. 14 Q. If I refer to one, it means both, and I will 15 assume your answers do, as well. 16 A. Okay. 17 Q. When was the first time that you discussed 18 Aroclor with Dr. Kelly? 19 A. I think the first formal, let me say, occasion 20 was when he would, or some member of his staff would pass 21 judgment on the suitability of using PCD for a given appli 22 cation where there was some question, it was not clear 23 whether it would be an appropriate use. 24 Q. When Dr. Kelly or a member of his staff would 25 pass judgment, would that come in a written form, or - 32 CONCAMNOK & JAEGER COMPUTER AIDED TRANSCRIPTION 1 through an oral presentation, or some other way? <1 A. Just a discussion. o* Q. When is the first time you remember having a 4 discussion with Dr. Kelly or some member of his staff where 5 they would pass judgment on the suitability of using PCB 6 for a given application? 7 A. This was a rare occurrence, to begin with. 8 There were very few of that kind. I'm trying to recollect 9 what there was. One thing that I recall specifically was 10 the proposed use, the consideration of use of PCB as 11 plasticiser for styrene butadiene paint. 12 Q. Would you spell that? Styrene butadiene. 13 A. S-t-y-r-e-n-e, buta, b-u-t-a, diene, 14 d-i-e-n-e, paint system. And -- this is the important 15 thing -- this was a very good paint system, but now it vas 16 being considered for use indoors as a wall paint. How, 17 this is when the new paint, styrene butadiene and lates 18 paints viere -- had just become popular. 19 Q. Do you recall, roughly, the year in which Dr. 20 Kelly and you had a discussion upon the proposed use or 21 consideration of the use of PCB as a plasticiser for the 22 styrene butadiene paint system? 23 MR. FEATHERSTOME: I think he said it was con 24 sidered indoors, so I object to the form of the question as 25 misstating the testimony. I - 33 - CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 Q. (by Mr. Bradley) Go ahead and answer the 2 question. The way it works -- I don't know if you know 3 this -- if your attorney makes an objection, you're still 4 required to answer the question unless he instructs you not 5 to answer, and then you should not answer. 6 A. Well, what happened? I don't know. 7 Q. All right. Do you recall when you had this 8 discussion with Dr. Kelly that you referred to that 9 involved styrene butadiene paint? 10 A. Right. II Q. When did that discussion occur? 12 A. It occurred between 1947 and '52. I can't 13 pinpoint -- - I ' m trying. I can't pinpoint the exact time. 14 Let's say in the middle of it. 15 Q. Okay. Prior to that had Dr. Kelly communi 16 cated to you what he knew, if anything, regarding the xaedi 17 cal or toxicological information relative to Aroclor? 18 A. I was acquainted with it, yes. 19 Q. When did you become acquainted with the medi20 cal and toxicological information related to Aroclor? 21 HR. FEATHERSTONE: He didn't say that, so I 22 object to the form of that question. 23 Q . (by Mr. Bradley) Go iiiiead and answer. 24 A. The bottom line, and then I will expand on 25 this if you need. The bottom line was that we've always - 34 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 said on labels, and my creed has always been, "Do not 2 breathe the fumes or the vapors emitted from PCBs at 3 elevated temperatures." Additionally, "Do not" -- or 4 "Avoid prolonged exposure with the skin." That is the 5 bottom line. 6 MR. BRADLEY: Okay. I move to strike as non7 responsive. 8 MR. FEATHERSTONE: Would you read the answer 9 back that he gave to the preceding question. 10 (Thereupon, the reporter propounded a portion of the 11 testimony.) 12 Q. (by Mr.Bradley) Were youever acquainted 13 with the medical or toxicological information relating to 14 Aroclor? 15 A. Yes. 16 Q. When were you first acquainted with that 17 medical and toxicological information? 18 A. We covered that. Ireported to Mr. Louge. 19 Now, when I reported to him, he had the published medical 20 literature. 21 Q. And did he have the published medical litera 22 ture on PCBs? 23 A. Yes. 24 Q. Back then they were called chlorinated 25 diphenyl? is that correct? - 35 CON CANNON &'JAEGER COMPUTER AIDED TRANSCRIPTION 1 A. Yes. 2 Q. And you reportedto Mr. Louge beginning in 3 October of 1947? 4 A. Yes. 5 Q. Did you reviewany of thepublished medical 6 literature on PCBs prior to October of 1947? 7 A. No. 8 Q. Do you recall why it was in 19 -- Do you 9 recall whether you reviewed published medical literature in 10 1947? Was it shortly after you began your work in 1947? 11 MR. FEATHERSTONE: I object. Compound. 12 Q. (by Mr. Bradley) Let me ask it, then, this 13 way, Mr. Benignus: Do you recall whether you reviewed the 14 published medical literature on Aroclor in 1947? 15 A. Not in any formalised way. I knew that such 16 information was available, and I knew all I needed to know 17 about it. 18 Q. . When you began work as assistant director of 19 development for the inorganics division, had you reviewed 20 the published medical literature that Mr. L-o-u-g-e had 21 assembled on Aroclors? 22 A. Not before, no. 23 Q. Was there ever a time after you. became assis 24 tant director of development for the inorganics division o**JR when you reviewed the published medical literature on - 36 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION Aroclor that Mr. Louae had assembled? r\ A. As I've already said/ not in any formal way. 3 Q. Okay. You also indicated you knew everything 4 that you needed to know about it. What leads you to that 5 conclusion? 6 A. We have also covered that early on. When I 7 was in the development department of the organic division I 8 nad a laboratory and did work with PCBs in that labora 9 tory/ so I had some materials on PCB available in my lab. 10 I had worked with them in ray lab. I had a use for it in 11 the lab/ and this use, I want to explain, is that I had 12 used Aroclor 1248 as a melting point bat in my laboratory. 13 Now, I had at times a need to determine the 14 melting point of organic chemicals at relatively quite high 15 temperatures. One thing a chemist can use is glycerin. 16 That withstands fairly high temperature, but it can catch 17 on fire. Another thing one can pick is sulfuric acid, and 18 heat that in a Pyrex beaker with a Benson burner under it 19 to quite high temperature. But it* s not too desirable to 20 think of having a beaker crack full of very high tempera 21 ture sulfuric acid, so a convenient thing was to use 22 Aroclor 1248, to name one specifically, as a melting point 23 bat medium. 24 Nov; here's what happens: When you heat the 25 PCBs to elevated temperatures, fumes are,evolved. These - 37 CON CANNON '& JAEGER COMPUTER AIDED TRANSCRIPTION I fumes are irritating to the eyes, to the raucous, they' re 2 not pleasant, and one should not be exposed, because they 3 are toxic, as are most furaes. Nov;, to do this, the thing 4 should be put under a hood that is evacuated, and I have so 5 used it. 6 The reason I'm going through this is to point 7 out that I have had early experience of exposure to furaes 8 of PC3s, long before I read anything in the medical litera 9 ture and so forth. It*s not the thing to do, and I did it 10 at ray own risk, but under a hood and so forth. It* s not to 11 be recommended. 12 There was a publication in some chemists' 13 analyst journal actually recommending this. We asked this 14 to be withdrawn and not be recommended as the thing to do. 15 But that was my early experience. 16 Now, in addition, I have had PCB-plasticizer, 17 or other formulations, on my skin, and a logical thing to 18 do was to not have prolonged exposure and to remove it with 19 soap and water. 20 So here are the two fundamentals that I per 21 sonally, early on, had: Let me say, avoid breathing the 22 fumes emitted at elevated temperatures, avoid prolonged 23 contact with the skin. And, in later years, this is the 24 exact wording that appears on the labels of our containers. 25 MR. BRADLEY: Would you read the question back - 38 CONCANNON JAEGER COHPU TER AIDE D TRANS CE1PRIOR 1 or me rya (Thereupon, the reporter read back the question.) 3 MR.- BRADLEY: I move to strike the last por 4 tion of his answer indicating what was on the labels. 5 As I understand your testimony, then, it's 6 that you began work with PCBs in 1942 when you were in the 7 -- you had your own lab in the organic department, correct? 8 A. Yes. 9 Q. (by Mr. Bradley) And prior toworking with 10 PCBs in your own lab in the organic department, you did not 11 review any published medical literature on PCBs? 12 A. Right. 13 Q. You only reviewed the published medical liter 14 ature on PCBs when you became assistant director for the 15 inorganics department, sometime between 1947 and 1952? is 16 that correct? 17 MR. FEATHERSTONE: I object to the form of 18 that question. He has not said he reviewed the literature. 19 Q. (by Mr. Bradley) My question to you is, did 20 you review the published medical literature on PCBs during 21 the period or tixae you were the assistant director of the 22 inorganics division? 23 A. Mot in a formalised -- that this was my 24 assignment and so on and so forth. I was aware of -- As I 25 explained to you, I was aware of the characteristics of -- - 39 CONCANNON u JAEGER COMPUTER AIDED TRAMSCRIPTION 1 MR. FEATHERSTONE: He's asking about the 2 literature. Did you read the literature published in the 3 journals and books about the medical and toxicological 4 consequences of exposure to PCS? 5 A. To some extent I would have to say yes, of 6 course, to some extent, but not that that was my concern -- 7 of any prime concern to me. It was of general interest, 8 and I would have read what might be around, yes. .9 Q. (by Mr. Bradley) And that review of the 10 medical and toxicological literature began when you had the 11 job title assistant director of development for the 12 inorganics division? 13 MR. FEATHERSTONE: Object to the form of the 14 question. 15 Q. (by Mr. Bradley) Is that correct? 16 A. Yes. 17 Q. All right. What, if anything, did you do as 18 part of this informal review of the medical and toxicolog 19 ical information? 20 MR. FEATHERSTONE: I object to the charac 21 terisation of an "informal review." What he said was, he o<^* read to some extent some of the literature because it was 23 of interest. 0 A MR. BRADLEY: What he said was that he didn't review it in any formalised way. If you have an objection - 40 - CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 to the oria of the question, go ahead and make it. I don't 2 want you to argue with me. 3 MR. FEATEERS70NE: I'm nor trying to argue 4 with you. ' I'm stating the grounds for my objection, and 5 you keep raischaracterizing what this witness said. D Q. (by Mr. Bradley) Did you informally review 7 the published medical and toxicological literature on PCBs 8 when you became assistant director of development for the 9 inorganics division? 10 A. On a casual basis. I had no formal basis or 11 incident that would require this. It was literature that 12 Mr. Louge had available. 13 Q. And what did you do as part of your casual 14 review of this literature? 15 A. I don't understand this question. 16 Q. Well, I take it you didn't go in and sit down 17 and review all of the medical and toxicological literature 18 that Mr. Louge had? is that correct? IS A. That's correct. 20 Q. Did you review any of the medical and toxi 21 cological literature that Mr. Louge had on PCBs? 22 A. I think I already said yes, I did. 23 Q. All right. And why was it that you reviewed 24 certain of that literature? 25 A. Because it was there in the file. - 41 CONCANNON JAEGER COMPUTER AIDED TRANSCRIPT 1013 1 Q. Why didn't you review all of the literature? 2 A. It was beyond my interest. I wasn't a medical 3 person. I had no occasion. 4 Q. Do you recall how many of the published arti 5 cles on the medical and toxicological information relating 6 to PCBs you reviewed while you were assistant director of 7 development for the inorganics division? 6 MR. FEATHERSTONE: Pure guesswork. All he's 9 said is he reviewed some of the things in Mr. Louge*s file. 10 Unless you establish that somehow that's everything that 11 was published, I don't see how he can answer the question. 12 It's pure guesswork. Objection. 13 THE WITNESS: I agree to that. 14 MR. BRADLEY: Mr. Featherstone, I object to 15 your giving the witness a grounds for not responding to my lo question by the nature of your objections. If you have an \ 17 objection as to the form of the question, of course I want 18 you to state it, but I do not want you to go into your 19 rambling discourses that don't do anything more then 20 educate a witness in what to say. 21 MR. FEATHERSTONE: Well, I won't respond to 22 that, Mr. Bradley, other than to say I'll object the way I 23 see fit. 24 MR. BRADLEY: Well, then, you and I are going 25 to have a problem, because I'm going to start interrupting - 42 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 you. 2 My question is, do you recall how many of the 3 published articles on the medical and toxicological liter 4 ature on PCBs you reviewed while you were assistant direc 5 tor of development for the inorganics division? 6 MR. PEATHERSTONE: Objection. Calls for pure 7 guesswork. 8 A. I can't answer it categorically. 9 Q. (by Mr. Bradley) Well, I'm interested in a 10 general idea. Three articles, a hundred articles? If you 11 have any way of estimating. 12 A. First of all. I'm not a medical person, num 13 ber one, and literature that was there dealt with things 14 before my time, for example, so I wasn't greatly concerned 15 on arrival with that. 16 Q. Is it -- Do you know -- Is your best estimate 17 that you reviewed more or less than ten of those articles 18 during the time you were assistant director of development 19 for the inorganics division? 20 A. This is just a guess, but maybe something like 21 that. 22 Q. All right. 23 A. Pour, five, six. I don't know. 24 Q. 25 97 9. Now, I'm going to show you Plaintiff's Exhibit - 43 - CONCANNON JAEGER COMPUTER AIDED TRANSCRIPTION 1 A. Well, I have seen the title and the date, 2 1937 .; 3 Q. Do you recall whether that is an article that 4 you reviewed during the time that you were assistant direc 5 tor of development for the inorganics division? 6 A. This, as I said, was before ray time. I see 7 here -- As you know, I didn't'get there until -- What did 8 we say? 9 Q. Well, I know -- 10 MR. FEATHERSTQME: The question is whether 11 this exhibit, Plaintiff's Exhibit 979, is one of those 12 documents or articles you reviewed while you were assistant 13 director. 14 A. I may have, but in no manner of specific con 15 cern to me. I'm aware that this kind of work was going on, 16 and I'm aware that this was published. Drinker, his name 17 is familiar to me before this -- well, not before this 18 point in time. It's September 1937. I was still in the 19 analytical area. So later. This is all stuff that was 20 before ray time, and I had no direct involvement nor concern 21 with this. So, the best I can say to you is that I was no 22 doubt aware of this, but had no specific immediate interest 23 in this thing. 24 Q. (by Mr. Bradley) When you say you were aware 25 of the Drinker -- you were aware of it, do you mean you - 44 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 were aware of the Drinker study? 2 A. I v/as aware of Dr. Drinker's name because it 3 was started. Dr. Kelly was hired by my boss, and my boss 4 provide the funds that Drinker did work for Monsanto, so I 5 was familiar with the name Drinker. I may not have known 6 that he did this work, or whether that was done -- I don't 7 know who this was for. He did work for Monsanto, is what 8 I'm saying. S Q. Do you know whether Dr. Drinker studied the 10 effects of chlorinated diphenyl? 11 A. Yes. I would say yes. 12 Q. When did you become aware that Dr, Drinker 13 studied the effects of chlorinated diphenyl? 14 A. As I said, I heard the name Drinker mainly 15 because my boss had dealings with Dr. Drinker, not that I 16 was involved with It. I heard the name. 17 Q. Well, I'm interested in knowing, though, when 18 you became aware that Dr. Drinker was doing work with 19 chlorinated diphenyl? 20 A. Well, I would say probably in -- Well, in 1937 21 I couldn* t nave -- but let me think, now. Maybe in the 22 early forties I heard, but that's the extent of ray -- just 23 hearing it. 24 Q. You just heard that he was doing -work with 25 chlorinated diphenyl? -45CONCAHMOH & JAEGER COMPUTER AIDED TRAMSCRIPTIOU 1 A. Yes. Nobody told me. I just heard it. O 4* Q. During your work as assistant director of 3 development for the inorganics division, did you become 4 aware of any studies performed by Dr. Drinker regarding the 5 effects of exposure to chlorinated diphenyl? 6 A. I believe there were studies of rat exposure, 7 animal exposure, if I'm right on this. 8 Q. Did you review any of those studies that Dr. 9 Drinker worked on? 10 A. Not specifically, no. 11 Q. Were you told what Dr. Drinker was finding in 12 his studies of chlorinated diphenyl at any point in time 13 when you were a Monsanto employee? 14 A. Not that they would formally tell me this. It 15 wasn't my area. 16 Q. Well, were you ever informally told what Dr. 17 Drinker was reporting in the studies that he was conducting 18 on chlorinated diphenyl? 19 A. I'm sorry. I didn't really get the question. 20 Q. All right. My question was, were you ever 21 informally told about what Dr. Drinker was determining 22 based upon his studies of chlorinated diphenyl? 23 A. Only from reading whatever was published. I 24 think there were some publications by Drinker and maybe 25 some others, and I would have had a chance to see these. - 46 - CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 Q. Okay. Did you review these studies that were 2 published by Dr. Drinker regarding the work he did with 3 chlorinated diphenyl? 4 A. To the extent that I might be interested that 5 such things are going on, exposure to rats and so on and so 6 forth. 7 Q. Well, were you interested so that you reviewed 8 the study reports written by Dr. Drinker regarding his work 9 with chlorinated diphenyl? 10 A. I was interest, as I already pointed out: Do 11 not breathe the fumes and the vapors of PCBs at elevated 12 temperatures, and this work backs that up. Whether it was 13 exposure to rats or mice or bones, or whatever. 14 Q. Well, I appreciate that. And my question is 15 rather narrow, and the question is, simply, did you ever 16 review the published reports prepared by Dr. Drinker 17 regarding his work with chlorinated diphenyl? 18 A. I have seen reports. I don't know how to 19 interpret your question, did I review them. To what pur 20 pose and so forth? 21 Q. Well, let me ask it this way: Did you ever 22 read any of the reports prepared by Dr. Drinker regarding 23 his work with chlorinated diphenyl? 24 A. I would think I did. 25 Q. Would you review, then, 979 and tell me - 47 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 whether this is a report that you've ever read on a prior 2 occasion? 3 A. After looking at this specific one, I would 4 say, no, I didn't, not this one. I would have to say no to 5 your question. 6 MR. PEATHERSTONE: The witness is referring to 7 Plaintiff's Exhibit 979. 8 A. It was before my time. 9 MR. PEATHERSTONE: You've answered the ques 10 tion, Paul. 11 THE WITNESS: Okay. 12 Q. (by Mr. Bradley) Mr. Benignus, did you ever 13 learn that Dr. Drinker, as a result of his experiments, 14 reported that there is no doubt as to the possibility of 15 systemic effects from the chlorinated naphthalenes and 16 chlorinated diphenyl? 17 MR. PEATHERSTONE: Object to the form. 18 A. What? 19 Q. (by Mr. Bradley) Were you ever informed that 20 Dr. Drinker, as a result of his studies, determined that 21 there was no doubt that there was the possibility of 22 systemic effects from exposure to chlorinated diphenyl? 23 MR. PEATHERSTONE: Object to the form. 24 MR. BRADLEY: What's wrong with the form? 25 MR. PEATHERSTONE: You now want me to - 48 CONCANNON & JAEGER COMPUTER IDED TRAM SCRIPTIOR 1 elaborate on ray objection? You just lectured we that I 2 shouldn't. I was trying to help you. O -J MR. BRADLEY: Are you having a good morning, 4 Bruce? 5 MR. FEATHERSTONE: Yes. 6 MR. BRADLEY: Good. Nov;, what is the nature 7 of your objection? 8 MR. FEATHERSTONE: I object to the form. 9 Q. (by Mr. Bradley) Go ahead and answer the 10 question, then. 11 A. Excuse me, I lost the question. 12 Q. The question is, were you ever informed that, 13 as a result of Dr. Drinker's -- some of Dr. Drinker's 14 studies, that he reported that there was no doubt as to the 15 possibility of systeraic effects from exposure to 16 chlorinated diphenyl? 17 MR. FEATHERSTONE: Object to the form. Mis- 18 characterizes the studies. 19 Q. (by Mr. Bradley) Were you ever informed that 20 experiments by Dr. Drinker resulted in him concluding that 21 there was no doubt as to the possibility of systemic 22 effects from the chlorinated naphthalenes and chlorinated 23 diphenyl? 24 A. No one came to me with this. It wash't in my 25 area 49 - CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 Q. Okay. 2 A. There was no occasion for anybody to come to 3 me. It doesn't mean that I wasn't aware of it at some 4 point in time. 3 Q. Were you ever aware that PCBs get absorbed 6 through the skin? 7 A. I would say yes, they can be. 8 Q. When did you become aware of that? 9 A. Most solvents are susceptible to being 10 absorbed through the skin. Liquid -- You're asking about 11 liquid PCBs, thin PCBs. Some of the higher chlorinated, 12 probably not. 13 Q. So you knew this from an early point in time? 14 A. Yes, I would assume so. 15 Q. Knew it when you were working in your lab in 16 1942? 17 A. Right. 18 Q. Do you know whether Monsanto ever told its 19 customers that PCBs can be absorbed through the skin? 20 A. Monsanto certainly told everybody, "Avoid 21 prolonged skin contact," and this is the reason. That was 22 part of the labeling, my creed, and historically, "Do not 23 nave prolonged exposure to the skin. If it's spilled on 24 the skin, wash it off with soap and water." 25 Q. When Monsanto gave that information to its - 50 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 customers, do you know whether Monsanto was intending to 2 tell customers that PCBs get absorbed through the skin? 3 A. I would assume so. 4 Q. How would a customer know that PCBs get 5 absorbed through the skin by a statement that, if you're 6 exposed to PCBs or get it on your skin, you should wash it 7 off with soap and water? 8 MR. FEATHERSTONE: Object to the form. 9 THE WITNESS: I get a little bit lost between 10 the legal jargon here. Give me the question again. 11 Q. (by Mr. Bradley) 'Well, you indicated that 12 Monsanto -- and I don* t want to put words in your mouth, 13 but whatever your answer was regarding what Monsanto told 14 its customers about washing. 15 A. Avoid prolonged contact with the skin 16 Q. How would that information tell a customer 17 that PCBs get absorbed through the skin? 18 A. I* d assume that this is what it meant. I Ta 6. ? don't know what somebody else would assume. 20 Q. All right. Do PCBs, if they're on the skin, 21 cause irritation for certain people? 22 MR. FEATHERSTONEs Well, I object to the lack 23 of foundation to that question of this witness. 24 Q. (by Mr. Bradley) Go ahead and answer. 25 A. Obviously, when you say "Avoid prolonged - 51 - CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 exposure to the skin,n that means all people, to me. That 2 means all people. Now, its well-known that certain very 3 blond people with very fair skin are more susceptible than 4 dark-skinned people - that kind of thing. And you* re 5 asking whether the implication is that some people might be 6 more -- Let me say this in answer to your question: All 7 people wouldn't be affected exactly the same. 8 Q. For some people, if PCBs get on their skin, is 9 it an irritant? 10 A. PCBs were skin-patch tested, and the results 11 of the those skin-patch tests were that this PCB -- the 12 PCBs that were tested according to certain procedures used 13 that seemed to be standard procedures used for this kind of 14 a thing, that it was proclaimed PCBs are neither a skin 15 irritant nor a skin sensitizer. I've often had it on my 16 skin without being irritated or sensitized. 17 Q. Do you know whether anyone has ever reported 18 having PCBs on their skin and having an irritation to the 19 skin? 20 A. We had no reports of that, to my knowledge, 21 until, as we said, this lawsuit with Westinghouse in 22 Houston, and that was one of the things implied there. 23 Q. And -- 24 A. But we didn* t get complaints about this at 25 Monsanto. - 52 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 Q. Did you ever talk with anyone, either within 2 or outside of Monsanto, where they .informed you that people 3 who get PCBs on their skin sometimes get a skin irritation? 4 A. Not to me, that I recall. 5 Q. Did Dr. Kelly ever report to you that some 6 people who get PCBs on their skin have a skin irritation? 7 A. I don* t recall that. 8 Q. Did Dr. Kelly ever tell you that, for some 9 people who get PCBs on their skin, that they develop a skin 10 rash? 11 A. I don't recall that, but there's a reason why 12 our labels and our literature says "Avoid prolonged skin 13 contact. Wash it off." 14 Q. Is that because PCBs can cause a rash? 15 A. I would have to assume. You don't want to 16 leave it long-term exposure to the skin. All solvents 17 carry this label -- most all solvents carry this label. 18 Q. Did Dr. Kelly or anyone ever report to you 19 that, if you get PCBs on your skin j-- Let me rephrase the 20 question. Did Dr. Kelly or anyone ever report to you that, 21 for some people, if they get PCBs on their skin, it can 22 because a condition called chloracne? 23 A. I have heard of this, but there was an iso 24 lated incident of chloracne. 25 Q. When was that? - 53 COH CANNON & J AEG ER COMPUTER AIDED TRANSCRIPTIQE 1 A. This goes way back to when PCBs were first 2 manufactured at Anniston, Alabama. There was an incident, 3 as I heard -- this was long before my time -- in our plant 4 at Anniston, Alabama where there had occurred chloracne. 5 Now, when I inquired about this I was told, 6 and I'm sure this is correct, no one ever knew why, 7 specifically, what the reason was for this, yet it did 8 occur. And it went away, and nobody really knew why it 9 went away, but I'd be inclined to say, and this is conjec 10 ture on my part -- 11 MR. FEATHERSTQNE: Well, you shouldn't engage 12 in conjecture. 13 THE WITNESS: Excuse me. Scratch the word 14 "conj ecture." 15 MR. BRADLEY: The law entitles you to make 16 best estimates, but no conjecture or guesswork. 17 THE WITNESS: Well, I'm sorry. I don't know 18 -- My view, to answer your question, this was newly made. 19 Whether there was a discrepancy in the raw material, in the 20 biphenyl, whether there was, nobody knows for sure. It 21 went away. It never recurred. Or whether -- Maybe they 22 paid a little more attention than they had been for avoid 23 ing prolonged contact with the skin. Whether they maybe 24 took a few showers, you know, I don't know. But that was 25 an isolated incident. - 54 CONCANNON JAEGER .COMPUTER AIDED TRAMSCEIPTIQ13 1 What' I do wish to add, as far as I know, I 2 never heard of anyone that came to me and said, "You get 3 chioracne," but I do know of this incident of cnloracne. 4 Q. (by Mr. Bradley) Did Dr. Kelly ever tell you 5 that he participated in a round-table discussion in 1937 6 where it was reported that GE employees who were exposed to 7 chlorinated naphthalene and chlorinated diphenyl developed 8 severe cases of acne? 9 A. No, I don't know that specifically. You're 10 saying in 1937? 11 Q. Yes. 12 A. No. That was before my time, and Kelly had no 13 reason to tell a starting analytical chemist any of this. 14 HR. FEATHERSTONE: Why don't we take a break. 15 MR. BRADLEY; All right. That's fine. 16 (Thereupon, a short recess was taken.) 17 Q. (by Mr. Bradley) I believe you indicated when 18 talking about your work in the lab in the organic depart 19 ment that fumes from the heated PCBs are irritating to the 20 eyes? 21 A. Right. 22 Q. That they're irritating to mucous? 23 A. Right. 24 Q. That they're notpleasant? 25 A. Right. - 55 CONCANNON JAEGER COMPUTER AIDED TRANSCRIPTION 1 Q. And that one should not be exposed because the 2 fumes are toxic, as are most fumes? 3 A. Right. 4 Q. What did you mean when you said that they are 5 toxic? 6 A. At that point of my knowledge with PCBs, it's 7 a generalization that the fumes from most any solvent are 8 toxic. 9 Q. All right. How were the fumes toxic of the 10 PCB mixture or mixtures you were working with in your lab 11 beginning in 1942. 12 A. My knowledge in 1942 is as I just said, the 13 fumes of any solvent, any chemical, should not be breathed. 14 Q. How would the fumes from the PCB mixtures you 15 were working with in your lab beginning in 1942 be toxic? 16 What i*m interested in is, what would they be -- I'm trying 17 to figure out a way to ask the question so I can get the 18 answer that I'm looking for. Sometimes it seems easy, but 19 it's very difficult. 20 How were the vapors -- or how were the fumes 21 of the PCB mixture or mixtures you were working with 22 beginning in 1942 toxic? 23 MR. FEATHERSTOME: Objection. Compound and 24 it8s cumulative. 25 A. Specifically, I didn't know. My answer to - 56 CONCANNON & JAEGER COMPUTER AIDED TRAMSCRIPTIOI3 i that question is as I already gave it: To me, any fumes 2 from any cnemicals or any solvent, et cetera, in general 3 should not be breathed - only as a generality. I didn't 4 know any of the details of this. 5 Q. (by Mr. Bradley) Well, you indicated during 6 your testimony that the fumes from the -- I think you said 7 that you were working with Aroclor 1242 in your lab in the 8 organic department; is that correct? 9 MR. FEATHERSTONE: Inorganic. 10 A. That was in the organic department. I said 11 1248, I believe. 12 Q. (by Mr. Bradley) All right. 13 A. It was a liquid Aroclor. 14 Q. Did you work with Aroclor other than 1248 when 15 you had your own lab in the organic department beginning in 16 1942? 17 A. On any that I was asked to work on these 18 physical constants, yes. 19 Q. What other Aroclors did you work with in your 20 own lab in the organic department beginning in 1942? 21 A. Well, it's quite reasonable that I would have 22 been asked to do certain things with Aroclor 1254, maybe 23 Aroclor 1260. 24 Q. All right. I now want to ask specifically 25 about 1248. How were the fumes from the Aroclor 1248 - 57 CONCANNON. JAEGER COMPUTER AIDED TRANSCRIPTION 1 toxic? 2 MR. FEATHERSTONE: Object. Cumulative. 3 A. Specifically, I had no answer at that time. I 4 didn't know. Except everything is toxic when you breathe 5 the fumes of everything. 6 Q. (by Mr. Bradley) All right. Would it have 7 been toxic because it would harm the liver or sorae other 8 organ? 9 MR. FEATHERSTONE: Objection. Calls for 10 speculation. 11 A. I dicin' t know that at that point in time. 12 Q. (by Mr. Bradley) All right. Well, I'm 13 interested in knowing what you meant, basically, when you 14 said one should not be exposed because they are toxic when 15 talking about these fumes. So, when you said they were 16 toxic, what I want to know is, what part of the body would 17 they be toxic to? 18 A. To the liver and the kidney. 19 Now, may I expand on this? 20 Q. If you'd like to. 21 A. We're having a bit of trouble here. You're r' 22 asking did I know this in 1942. The answer is no. I 23 learned this later on, and later on, yes, as we sit here 24 today, those fumes are toxic, primarily because they can attack the liver and kidney, from a medical point of view, - 58 - CONCANNON 6 JAEGER COMPUTER AIDED TRANSCRIPTION 1 according to the medical literature. 2 Q. And back in 1942 did you believe that fumes 3 from heated Aroclor 1248 would be toxic? 4 A. Certainly. I believe fumes from any chemical Df8* would be toxic. 6 Q. Back in 1942, how -- to what organ, if any, 7 did you believe Aroclor 1248 fumes would be toxic? 8 A. In 1942 I did not know. 9 Q. Would the same be true if I asked you the 10 question regarding Aroclor 1254 and Aroclor 1260? 11 A. Certainly. 12 Q. Did you have any involvement in the develop 13 ment of instruction manuals for Monsanto products that 14 contain PCBs? 15 A. Some, yes. 16 Q. I'm now going to show you Exhibit 437 and ask 17 you to review that. 18 A. Okay. 19 Q. This is a 1955document that's -- 20 A. '56 . 21 Q. On the outside does it indicate it's a March, 22 1956 document? 23 A. Uh-huh. 24 Q. And it's titled"TentativeProcess for 25 Continuous Chlorination of Biphenyl"? - 59 COW CANI!ON a JAEGER COMPUTER AIDED .IPTIOE 1 A. Yes. 2 Q. Is that a document that you've seen prior to 3 today's deposition? 4 A. I could have. I know what it refers to, 5 continuous chlorination, but I would not be in the djirect 6 line of this work. This is a plant document. 7 Q. All right. What do you mean when you s|*y it's 8 a plant document? 9 A. It's evolved from plant people, no doubt, at 10 Anniston. That's where these people were located, and it's 11 continuous chlorination of biphenyl as a plant operation. 12 Q. Do you know who the intended readers arf of 13 that document -- Excuse me. Were? 14 A. Yes. The plant people. 15 Q. Okay. 16 A. Not myself. 17 Q. Okay. 18 A. I'm not copied in onthis. 19 Q. This information, then, wasn't intended to be 20 distributed to Monsanto customers, for example? 21 A. No. This is an in-house thing about 22 continuous chlorination versus batch chlorination. 3jt`s of 23 no interest to me. 24 Q. Were PCBs ever manufactured at a Monsanto 25 plant through continuous chlorination of biphenyl? - 60 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 Let me show you a section of the exhibit that 2 might help you give an answer to it. 3 MR. FEATHERSTONE: Well, wait. What's the 4 question? 5 (Thereupon, the reporter read back the question.) 6 MR. FEATHERSTONE: All right. Now, you're 7 showing a page of this exhibit, Mr. Bradley, supposedly to 8 help him answer that question. What is it on this page 9 that you want him to look at? 10 MR. BRADLEY: Well, he can look at any part of 11 that page or none of it. If he doesn't need any help, 12 that's fine. 13 MR. FEATHERSTONE: Okay. 14 A. I don't know whether they adopted continuous 15 chlorination or didn't. I was not a part of this. 16 Q. (by Mr. Bradley) On page five of this 17 exhibit, which is marked STR 005255, there is a section 18 relating to chlorinated biphenyl, and in parentheses it has 19 the word Aroclors. That's at the bottom of that page. Do 20 you see that there? 21 A. Yes. 22 Q. Would that indicate to you that Aroclors were 23 manufactured in a Monsanto plant using continuous chlori 24 nation of biphenyl? 25 MR. FEATHERSTONE: Object to the form of the - 61 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 question. 2 A. I read what it says, but I don1t know if they 3 adopted it or didn't adopt it. I wasn't in the plant. 4 Q. (by Mr. Bradley) All right. 5 HR. FEATHERSTONE: Was that 436? 6 MR. BRADLEY: 437 is what I just referred to. 7 Are you familiar with a document developed by 8 Monsanto entitled "Organic Chemicals Division Research 9 Report, Standard Manufacturing Process"? 10 A. No. I was not connected with the plant. 11 Q. (by Mr. Bradley) And if there were reports 12 written on standard manufacturing processes within 13 Monsanto, can you tell by that title whether those reports 14 were intended just for Monsanto employees? 15 A. Yes. Just for Monsanto. Yeah. 16 Q. All right. Do you know whether Monsanto 17 Company's Anniston Plant's standard operating instructions 18 relating to Aroclors were intended just for Monsanto 19 employees? 20 Would you like to review? 21 A. I would like to see what it is. 22 Q. I'm going to hand you, then, Plaintiff's 23 Exhibit 1466 and ask you to review that. 24 A. Well, this is obviously a plant document 25 intended for the plant people in the production of PCB, cf - .62 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 which Monsanto was the sole manufacturer, but -- 2 Q. Have you ever seen that document before? 3 A. I have never seen this, no. 4 Q. So you wouldn't know whether it's a true and 5 accurate copy, if you've never seen it before? 6 A. I assume it's accurate. It's for the com 7 pany's own use. 8 Q. I'm now going to show you Plaintiff's Exhibit 9 1467, which, if you compare it with the prior exhibit as a 10 different month, the same date, is that also a document 11 that was prepared solely for review by other Monsanto 12 employees? 13 A. It's a plant document for the plant people. 14 Q. Let me take that one back. 15 A. It's for the operators, the operators down 16 there at Anniston. 17 Q. I'm now going to show you Plaintiff's Exhibit 18 1464, Mr. Benignus, and ask you if you have ever seen that 19 document before. 20 A. Well, that is another plant document. 21 Q. This is a plant document? 22 A. Yes. 23 Q. And it's intended for review just by Monsanto 24 employees? 25 A. By the plant people. - 63 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 Q. All right. 2 A. I was not involved in this. 3 Q. Had you ever seen that exhibit before today, 4 that you recall? 5 A. I can't recall that I did, this particular 6 thing, no. 7 Q. All right. I'm now going to show you Plain 8 tiff' s Exhibit 1463. Actually, for the record, I should f 9 indicate that 1464 is entitled "Organic Chemicals Division 10 Research Report," with the date of January of 1969 -- I 11 can't read the date -- written by J. D. Sullivan. 12 Now I'm going to show you 1463, Mr. Beni gnus, 13 and it has the same title as 1464, but a different date, 14 and the date is September 16th, 1968. Is that also a 15 document that was intended for review by Monsanto plant 16 personnel? 17 A. I would have to say yes, but you* re in an area 18 that I was not in. 19 Q. Okay. If I had any documents that were 20 entitled, at least in part, "Standard Manufacturing Process 21 for Pyranols or Interteens," could you tell me whether 22 those were documents prepared for Monsanto personnel work 23 ing at plants? 24 A. I would say so. That's how I would interpret 25 it. - 64 CONCANNON JAEGER COMPUTER AIDED TRAMSCRIFTIOR i q . I'm going to snow you Plaintiff's Exhibit 1472 Ao.* and ask if you have seen that document before. 3 A. Same thing. 4 Q. All right. I'm now going to refer to Plain 5 tiff's Exhibit 1464, beginning with Bates number 738247. 6 There is also a Bates number aoove that that has NEV 024992 7 under the section called "Toxicity and Hazards." That 8 section indicates that Aroclor is a liquid, under normal 9 conditions, having a medium toxicity range for liquid 10 ingestion and a high toxicity range for vapor inhalation. 11 The maximum allowable concentration is 1 mg per cubic 12 meter. This material can cause dermatitis, systemic 13 poisoning from the fumes and yellow atrophy of the liver. 14 There are skin, raucous membranes, and eye irritation 15 encountered in handling Aroclors. And it goes on. 16 Mr. Benignus, do you know whether Monsanto 17 ever informed its customers about the information that I 18 just read to you from this exhibit? 19 A. I'll answer your question. Monsanto informed 20 everyone, avoid breathing, inhalation of the vapors, avoid 21 prolonged contact with the skin in our publications 22 published to everyone. This one milligram -- five-tenths 23 of a milligram per cubic meter of air as being a safe 24 concentration limit for an eight-hour workday. That 25 defines it a little more than in here. So, fundamentally, - 65 COMGANNON h JAEGER COMPUTER AIDSD TRANSCRIPTION 1 yes, that's what this is based on: Do not inhale the 2 vapors and avoid prolongated contact with the skin. This 3 is background for that. 4 Q. Let me break this down a little bit. During 5 the course of your employment with Monsanto did you ever 6 have meetings with General Electric regarding the physical 7 properties of Aroclor? 8 A. Oh, yes. Yes. 9 Q. During any of the meetings that you had -- 10 Strike the question. 11 Would you read back the last question to me? 12 (Thereupon, the reporter propounded the previous 13 question.) 14 Q. (by Mr. Bradley) During the course of your 15 early employment with Monsanto did you ever have meetings 16 with Westinghouse regarding the physical properties of 17 Aroclor? 18 A. Yes. 19 Q. During the course of your employment with 20 Monsanto, in the meetings with General Electric, did 21 Monsanto employees ever inform General Electric employees 22 that Aroclor can cause dermatitis? 23 A. That was not discussed in our area of activi 24 ty. It didn't come up. 25 Q. Did it ever come up in your area of activity -- 66 -- CONCANNON & JAEGER COMPUTER AIDSD TRAMSCRPTIOR L 'where Monsanto informed General Electric that Aroclors can 2 cause systemic poisoning from the fumes and yellow atrophy OJ of the liver? 4 A. General Electric and Westinghouse, as did 5 Monsanto, Dr. Kelly, and the industrial hygiene people, 6 they had their counterparts. They knew as much about this 7 as we knew. 8 Q. So General Electric -- 9 A. Excuse xae. 10 Q. I didn* t mean to interrupt you. Go ahead. 11 A. It was not at my interest or level of activity 12 or function to discuss this. 13 Q. what leads you to conclude that both General 14 Electric and Westinghouse knew that Aroclors can cause 15 dermatitis and systemic poisoning from the fumes and yellow 16 atrophy of the liver? 17 A. It's published in medicalliterature. 18 Q. Where is it published in medical literature 19 that Aroclors can cause dermatitis? 20 I take it that's outside of your area and you 21 couldn't lead me to any particular publication? is that 22 true? 23 A. Yes. That* s correct. I would try, but I may 24 miss the mark a bit. 25 Q. Can you help me here, though: Where was it - 67 " CONCANNON & JAEGER COMPUTER AIDED TRAMSCRIPTIOK 1 recorded in the published literature that Aroclor material 2 can cause systemic poisoning from the fumes and yellow 3 atrophy of the liver? 4 A. Again, in the medical literature. 3 Q. Did that appear in the medical literature 6 prior to January, 1969? 7 A. Oh, yes. Way back. 8 Q. Did Dr. Kelly ever indicate to you that he had 9 discussions with General Electric and Westinghouse regard 10 ing Aroclor and its causing dermatitis and systemic poison 11 ing from the fumes and yellow atrophy of the liver? 12 A. I don* t think he discussed that specif icthing 13 that you asked about, no. 14 Q. And during -- Before you retired, Dr. Roush 15 was the -- Was Dr. Roush the head of the medical department 16 whan you retired? 17 A. Dr. Roush was there as, I believe, the head, 18 yes. And I believe? I'm not -- I believe. I'm not sure, 19 but I believe. You said in -- I retired in '74. 20 Q. My memory is that Dr. Roush took over about 21 the time that you retired, but we're not here to figure out 22 my memory. Do you know -- Your best estimate is that Dr. 23 Roush was the medical department at the time you retired? 24 A. That or the assistant. *o+Jc Q. Well, let's -- - 68 CONCANMOH & JAEGER COMPUTER AIDED TRANSCRIPTION 1 Bruce, do you know? 2 MR. FEATHERSTONE: Well, Dr. Kelly retired at nO the end of November of *74, and you retired at the end of 4 October of `74. 5 THE WITNESS: Yes. 6 Q. (by Mr. Bradley) Did you ever have discus 7 sions with Dr. Roush regarding the ability of Aroclor to 8 cause dermatitis, systemic poisoning from the fumes, and 9 yellow atrophy oi: the liver? 10 A. No. 11 Q. Did Dr. Roush ever indicate to you that he 12 spoke with General Electric and Westinghouse about 13 Aroclor's ability to cause dermatitis, systemic poisoning 14 from the fumes, and yellow atrophy of the liver? 15 A. No. 16 Q. You don't know what discussions Dr. Roush or 17 Dr. Kelly had with GE or Westinghouse about those medical 18 conditions? 19 A. That* s correct. 20 MR. BRADLEY: Let's break for lunch. 21 (Thereupon, a short recess was taken.) 22 Q. (by Mr. Bradley) Mr. Benignus, I'm now going 23 to show you a series of exhibits, and I want you to review 24 them, and then I'm.going to ask you whether you have seen 25 them before. - 69 CONCANNON JAEGER COMPUTER AIDED TRANSCRIPTION 1 MR. PEATHERSTONE: Off the record. 2 (Thereupon, a short colloquy was had.) 3 Q. (by Mr. Bradley) Back on the record. 4 Mr. Benignus, I have put on the table for your 5 review Plaintiff`s Exhibits 1632, 1633, 1634, 1636, 1637, 6 1638, 818, 1202, 1586, 1474, 820, 872, 415, 1171, 833, and 7 828. I'm going to request, and I think that your attorney 8 has agreed to this procedure, that you review those docu 9 ments, and when you're finished reviewing them, you let me 10 know. 11 I will be asking you questions such as whether 12 you've ever seen the document before? if you have seen it, 13 if you know what it is? and if it's a true and accurate 14 copy of whatever you've seen before, if you've seen it 15 before? and whether it is a record that was made as part of 16 the regular business activity of Monsanto? and whether it 17 was kept in the ordinary course of Monsanto's regularly- 18 conducted business. 19 I have more exhibits, but since I don't know 20 how long it's going to take us to get through these, I'm 21 going to start with the ones that I have just identified. 22 And we'11 go off the record now while you make 23 your review, unless you have questions for me. 24 A. I have no questions. 25 Q. All right. Thank you. - 70 - CONCAMMON JAEGER ~ COMPUTER AIDED TRANSCRIPTION 1 (Thereupon, a short recess was taken.) 2 Q. (by Hr. Bradley) Mr. Benignus, I'm going to 3 not use the exact order of the documents that I gave to 4 you? hopefully I'm going to be close, though. Mould you 5 look at Exhibit 1634. 6 A. Okay. 7 Q. Have you seen this document before? 8 A. Yes. 9 Q. Is this a copy of a memorandum written to you 10 and others by Jim Bryant, dated April 11th, 1969? 11 A. Yes. 12 Q. Is that the Monsanto letterhead on the top 13 left-hand corner? 14 A. Yes. 15 Q. Is this a true and accurate copy of the letter 16 Jim Bryant sent to you and others on April 11th, 1969? 17 A. Yes. 18 Q. Let me ask it this way: What job did Jim 19 Bryant have, if you know, in April of 196 9? 20 A. He was a specialist in the marketing group, 21 and he was specializing in dielectrics. 22 Q. And was he specializing in dielectrics which 23 contained polychlorinated biphenyl? 24 A. Yes. 25 Q. Does that exhibit appear to relate information - 71 CONCANNON & JAEGER COMPUTER AIDED TRAMSCRIPTION 1 that Jim Bryant had on or about April 11, 1969, regarding 2 scrap Pyroclor disposal? 3 A. Yes. 4 Q. Is this the type of record that Monsanto em5 ployees would make as part of the regular business activity 6 of Monsanto? 7 A. Yes. 8 Q. And do y o u know w h e t h e r t h i s r e c o r d w a s k e p t 3 by you in your file as part of Monsanto's ordinary course 10 of conducting its business? 11 A. I would have said this is from the central 12 file, not my personal file. 13 Q. It would be maintained in the central file? 14 A. Yes. 15 Q. All right. Mr. Benignus, you now have in 16 front of you Plaintiff's Exhibit 872. Is this a letter 17 from W. B. Papageorge to you, dated January 19, 1973? 18 A. Yes. 19 Q. Is this a document you have seen before? 20 A. Yes. 21 Q. Is this a true and accurate copy of the letter 22 Mr. Papaleorge sent to you January 9th, 1973? 23 A. Yes. 24 Q. Was this letter written after completion of 25 the final draft of guidelines regarding the proper use, i - 72 - CONCANNOU k JAEGER COMPUTER AIDED TRANSCRIPTION 1 handling, and disposal of askarels by the ANSI, A-N-S-I, 2 Committee , C-107? 3 A- This was preparatory to the inception of that. 4 Q. All right. And was this the kind of record 5 that Monsanto regularly made as part of its business 6 activity? 7 A. Yes. 8 Q. Whs this record kept in the ordinary course of 9 Monsanto' s regularly-conducted business? 10 A. Yes. 11 MR. BRADLEY: Off the record. 12 (T hereupon, a short colloquy was had.) 13 Q. (by Mr. Bradley) Mr. Benignus, you now have 14 in front of you Plaintiff's Exhibit 820. Is this a July 15 24, 1973 letter, with attachments, from A. M. Salazar, 16 Secretary of ANSI C-107 Committee, to all members of the 17 ANSI Comm ittee, C-107? 18 A. Yes. 19 Q. Were you a member of the ANSI Committee, 20 C-107, on use and disposal of askarel and askarel-soaked 21 inaterial s? 22 A. Yes. 23 Q. On page two of the letter from Mr. Salazar, in I 24 the seconp paragraph there is a reference to "Exhibit A." 1 25 Do you se^i that? - 73 " CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION ; 1 A. Yes. ru\ Q. The next three pages of that exhibit have in 3 the bottom right-hand corner "Exhibit A" stamped onto them; 4 is that true? Down at the bottom. 5 A. I believe that's true. 6 Q. And the third page of the Exhibit A, which is 7 the last page of the entire exhibit, is entitled "Propo3 sal;" is |that true? 9 A. Yes. 10 Q. And looking, now, back at the second page of 11 the exhibit, the second paragraph says, "The Chairman also i 12 requested the Working Groups to prepare recommendations for 13 the first revision..." Do you see it there? Let me start 14 all over again: "The Chairman also requested the Working 15 Groups to prepare recommendations for the first revision, 16 with respect to the new proposals contained in EXHIBIT 17 A' ." DO you see that? 18 A. Yes. 19 Q. Do you know whether the proposal which is the 20 last page of this exhibit was the proposal that was 21 referred to in the second paragraph of page two of this 22 exhibit? 23 Do you know the answer to my question? Does 24 the last page of that exhibit which has the word "Proposal" | . 25 on the toip, which you have now reviewed, X believe, is that - 74 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 the proposal that was referred to as Exhibit A in the i 2 second paragraph of page two of the letter from A. M. Salazar to committee members? 4 A. This is only a section of it. It's part of 5 it, but it* s certainly not the entire thing referred to 6 here in that second paragraph. This is merely one facet. 7 Q. Well, the facet that is discussed in the last 8 page of that exhibit has to do with a system for handling, 9 shipping, and disposing of transformer grade sample service 10 askarel wastes to provide environmental safety? is that il correct? 12 A Correct. 13 Q. And looking at page three of the exhibit, 14 which is a May 2, 1973 letter from W. B. Papageorge to Dr. 15 A. Posefsky, P-o-z-e-f-s-k-y, and Mr. E. L. Raab, R-a-a-b, 16 both of General Electric Company -- 17 A. Yes. 18 Q. -- this letter discusses the need for specific 19 instructi ons for private and public carriers of askarel 20 fluid to instruct them in the proper handling of askarels 21 during en ergency conditions? is that correct? 22 A. I lost it. 23 MR. FEATHERSTONE; I think, Paul, when Mr. 24 Bradley is asking you a question, you're going have to I 25 listen to the question and then read the document, if you - 75 - COMGAMMON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 need to read it to answer the question. 2 Q. (by Mr. Bradley) Let me do it this way, Mr. 3 Benignus: Do you know whether the three pages marked 4 Exhibit A 5 A. Uh-huh. 6 Q. -- were the Exhibit A that was attached to the 7 cover let ter from A.. M. Salazar to committee members ana 3 that was discussed in the second paragraph of page two of 9 the cover letter? 10 A. As I said, I don't think so. I think this is 11 one facet , one detail of what is mentioned here on page 12 tV70. 13 MR. 3RADLEY: All right. Then let's go off 14 the recor d for a moment. 15 (Thereupon, a short recess was taken.) 16 Q. (by Mr. Bradley) Mr. Benignus, we have now 17 separated, Plaintiff's Exhibit 820, with the agreement of 18 all couns el, so that it now is a two-page document from A. 19 K. Salaza.r, Secretary, ANSI C-107 Committee, to all members 20 of the AN SI Committee, C-107, on use of askarel and 21 askarel-s oaked materials, dated July 24th, 1973? is that 22 true? 23 A. Yes. 24 Q. Is this a document that you have seen before? 25 A. Yes. CONCANNON JAEGER 1 \ COMPUTER AIDED TRANSCRIPTION 1 Q. Is this a true and accurate copy of the lette r 2 A. M. Sal azar sent to embers of the ANSI Committee, as 3 indicateci , on July 24, 1973? 4 MR. FEATHERSTONE: Without Exhibit A. 5 Q. (by Mr. Bradley) Without Exhibit A that1s 6 ref erence d. 7 A. Yes. 8 Q. Okay. And is this -- Let me ask: Who was -- 9 A. M. Salazar was the Secretary of the ANSI C-107 10 Committee;? 11 A. Yes. 12 Q. 13 1973? What was the ANSI C-107 Committee in July of 14 A. ANSI is abbreviated. It's the American 15 National Standards Institute. This is the group, the 16 organization, immediately underneath Congress, and what is 17 developed at ANSI, the American National Standards 18 Institute, a standard, which is what is being worked on 19 here, goes into the Federal Register in Congress as the 20 function and the next step by ANSI. That1s where it goes. 21 I f s delivered. That's the end of the line, Congress. 22 Q. And was a vote solicited by ballot from 23 committee members as part of this July 24th, 1973 .letter? 24 A. Yes. 25 Q. And was this exhibit written by Mr. Salazar at - 77 - CONCANNON & JAEGER COMPUTER AIDED TRAM3CRIPTIOR 1 or about the time of the -- I take it it was written at the 2 time he was soliciting the voting. 3 A. I would think so. 4 Q. Okay. And was this exhibit maintained by 5 Monsanto in the regular practice of Monsanto's business 6 activity? 7 A. Yes. 8 Q. And was it kept in the ordinary course of 9 Monsanto regularly-conducted business? 10 A. Yes. 11 Q. Would you now look at Plaintiff's Exhibit 12 820-A. That is a letter from W. B. Papageorgeto Dr. 13 Pozefsky and E. L. Raab, of General Electric Company, dated 14 May 2nd, 1973; is that correct? 15 A. Yes. 16 Q. And at the bottom it shows that you were one 17 of two people who received a copy; is that correct? 18 A . Yes. 19 Q. And it shows you were a Steering Committee 20 Chairman of the ANSI Committee, C-107; is that correct? 21 A. Yes. 22 Q. Had you seen this letter prior totoday? 23 A. Yes. 24 Q. Is this a true and accurate copy of the letter 25 W. B. Papageorge sent to Dr. Pozefsky and Mr. Raab May 2nd, - 78 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 1973? O A. Yes. 3 Q. Is this a letter that was made as part of 4 Monsanto*s regular practice of business? 5 A. Yes. 6 Q. And was this record kept in Monsanto* s ordi7 nary course of its regularly-conducted business? 8 A. Yes. o Q. Will you now look at Plaintiff's Exhibit 10 82Q-B. Is this a document you have seen before today? 11 A. I can't say categorically. 12 Q. All right. Would you now look at Exhibit 13 1474? Is this a letter that you wrote to Mr. Donald 14 McClain -- 15 A. Yes. 16 Q. -- of Westinghouse, in April of 1970? 17 A. Yes. 18 Q. Is this a true and accurate copy of the letter 1 9 you sent to Mr. McClain on that date? 20 A. Yes. 21 Q. Is this a record that you made in response to 22 a March 31, 1970 letter from Mr. McClain? 23 A. Yes. 24 Q Was this record made as part of the regular 25 practice of Monsanto* s business? - 79 CON CANNON Si JAEGER COMPUTER AIDED TRANSCRIPTION 1 A. Yes. 2 Q. And was the record kept in the ordinary course 3 of Monsanto's regularly-conducted business? 4 A. Yes. 5 Q. Would younow look at Plaintiff's Exhibit 6 1586. Do you have thatexhibit in front ofyou? 7 A. Yes. 8 MR. BRADLEY: Let's go off the record for a 9 moment. 10 (Thereupon, a short colloquy was had.) 11 Q. (by Mr.Bradley) Do you have Plaintiff's 12 Exhibit 1586 in front of you? 13 A. Yes. 14 Q. Is this a copy of a letter that you wrote to 15 Ms. Valyrie Wendt, W-e-n-d-t, on February 11, 1972? 16 A. Yes. 17 Q. Is this a true and accurate copy of the letter 18 that you sent to Ms. Wendt on that date? 19 A. Ye s. 20 Q. Is this a letter that responds to a January 21 26th, 1972 inquiry from Ms. Wendt regarding Aroclor 1016? 22 A. Yes. 23 Q. Did you generate this letter as part of 24 Monsanto's regular business activity? 25 A. Yes. - 80 COM CANNON & JAEG SR COMPUTER AIDED TRAITSCSIPT1013 x Q And was the record kept in the ordinary course 2 of Monsanto's regularly-conducted business? 3 A. Yes. 4 Q. Would you now look at Plaintiff's Exhibit 5 1202. Is this a three-page letter from you to Mr. Edward 6 L. Raab, at General Electric, dated June 9th, 1970? 7 A. Yes. OO Q. Is this a true and accurate copy of that 9 letter ? IC A. Yes. 11 Q. Is this lettera response to a June2nd, 1970 12 letter that you received from Mr. Raab? 13 A. Yes. 14 Q. Did you makethis letter as part ofthe regu 15 lar practice of Monsanto's business activity? 16 Yes. 17 Q. Was this letter kept in the ordinary course of 18 Monsanto's regularly-conducted business? 19 A. Yes. 20 Q. Would you now look at Exhibit 1633? 21 A. Yes. 22 Q. In March of 1970 was Jim Bryant a Monsanto 23 employee? 24 A. Yes. 25 Q. And was this exhibit a letter from Jim Bryant, - 81 CONCAHNON & JAEGER COMPUTER AIDED TRANSCRIPT IOil 1 iated March 3rd, 1S70, to Ur. Kenneth Carlson in Milwaukee, 2 V7isconsin? 3 A. Yes. 4 Q. And was this letter -- Is this a letter you 5 have seen before? 6 A. Yes. 7 Q. Was this letter a response to a request from 8 Mr. Carlson regarding Inerteen? 9 A. Yes. 10 Q. And was this letter made as part of the regu11 lar practice of Monsanto1s business activity? 12 A. Yes. 13 0. And was it kept in the ordinary course of 14 Monsanto's regularly-conducted business? 15 A. Yes. 15 Q. Will you now look at Plaintiff's Exhibit 1632. 17 Is this the document you have seen before? 18 A. Yes. 19 Q. This is a letter from Jim Bryant again, this 20 time to Dr., Lyon Mandlecorn, L-y-o-n M-a-n-d-l-e-c-o-r-n, 21 of Westinghouse, dated February 16, 1972; is that correct? 22 A. Yes. 23 Q. Up at the top right-hand portion of this 24 exhibit it shows that you received a blind carbon copy of 25 the letter? is that true? - 82 COMCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 A. Yes. 2 Q. And did Mr.Bryant apparentlycreate this 3 exhibit in response to a telephone conversation he had with 4 Dr. llandlecorn? A. Yes. 6 Q. And was this letter generated as part of the 1 regular practice of Monsanto's business activity? 8 A. Yes. 9 Q. was the letter kept in the ordinary course of 10 Monsanto regularly-conducted business? 11 A. Yes. 12 Q. Would you now look atPlaintiff'sExhibit 818. 13 A. Okay. 14 Q. Is this a document you've 3eenbefore? 15 A. Yes. 16 Q. Is this a March 29, 1972 letter from E. L. 17 Raab of General Electric to you and others? 18 A. Yes. 19 Q. Is this a true and accurate copy of the March 20 29, 1972 letter received by you from Mr. Raab? 21 A. Yes. 22 Q. Was there an ANSIC-107working group on 23 transformer meeting that resulted in the development of a 24 questionnaire on askarel transformers? 25 A. Yes. - 83 - CONGAMMON JAEGER COMPUTER AIDED .TRANSCRIPTION J1L Q. Was this letter generated following distribu 2 tion and computation of the questionnaire on askarel trans 3 formers? 4 A. Yes. Or* Q. Was this record made as part of theregular 6 practice of -- Let me rephrase the question. Did Monsanto 7 maintain a copy of this letter as part of its regularly8 conducted business activity? 3 A. Yes. 10 Q. During the -- Did you work for Monsanto for 11 forty years? 12 A. Yes. Forty-one. 13 Q. During the forty-one yearsyouworked for 14 Monsanto, did you have occasion to exchange letters with IS General Electric? 16 A. Yes. 17 Q. And you did that as part of Monsanto regular 18 business activity? 13 A. Yes. 20 Q. Did you receive fromGeneral Electricletters 21 that they generated as part of their regular business 22 activity? 23 A. Yes. 24 Q. Is this aletter that youreceived from Mr. 25 Raab that was generated as part of General Electric s - 84 CONCAMKON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 regular business activity? 9L MR. KUNEY: Objection. No foundation for 3 that. 4 A. Yes. 5 MR. BRADLEY: And you v/ant to talk about 6 cooperation and stipulations. 7 MR. KUNEY: Ask me for a stipulation. Don't 8 ask Monsanto witnesses about whether GE documents were 9 generated in the ordinary course of GE business. 10 MR. BRADLEY: Will you stipulate that that 11 exhibit was generated in the ordinary course of GE's 12 business? 13 MR. KUNEY: Yes. 14 Q. (by Mr. Bradley) Will you now look at 415? 15 A. Okay. 16 Q. Mr. Benignus, do you have Plaintiff's Exhibit 17 415 in front of you? 18 A. Yes. 19 Q. Is this a document you have seen before? 20 A. Yes. 21 Q. Is this a copy of a letter written by W. B. 22 Papageorge to Mr. Jenkins, dated July 8th, 1970? 23 A. Yes. 24 Q. And in the top right-hand corner it indicates 25 you received a blank carbon copy of this letter? is that - 85 CONCANNON & JAEGER COMPUTER AIDED TRAN3CRIPTIOK 1 true? 0* A. Yes. 3 Q. Did Monsanto have biodegradation studies on 4 going as of July 8th, 1S70 regarding its Aroclors? 5 A. I think so. 6 Q. Does this letter discuss Monsanto* s knowledge 7 of biodegradability of Aroclors as of July 8th, 1970? 8 A. Yes. 3 Q. And does it discuss Monsanto's knowledge of 10 the toxicity, disposal, and analytical methodology of 11 Aroclors as known to Monsanto as of July 8th, 1970? 12 MR. FEATHERSTONE: Object to the form of the 13 question. 14 Q. (by Mr. Bradley) Does this letter discuss 15 Monsanto's knov/ledge on those subjects as of July 8th, 16 1970? 17 A. Yes. 18 Q. And was this letter generated as part of the 19 regular practice of Monsanto* s business activity? 20 A. Yes. 21 Q. Was the letter kept in the ordinary course of 22 Monsanto's regularly-conducted business? 23 A. Yes. 24 Q. Would you now look at Plaintiff's Exhibit 25 1636? - 86 - CONCANNON & JAEGER COMPUTER AIDED TRAMSCRIPTIOE 1 MR. FEATHERSTONE: Did you say 1636? 2 MR. BRADLEYs Yes. 3 Is this a document you have seen before? 4 A. Yes. 5 Q. (by Mr. Bradley) Can you tell who the author 6 was of this exhibit? 7 A. Randy Graham. 8 Q. Did you receive a copy of this exhibit from 9 Mr. Graham? 10 A. Yes. 11 Q. Is this a true and accurate copy of the docu 12 ment you received from Mr. Graham that's referring to a 13 date of call of 11-12-70? 14 A. Yes. 15 Q. Was this record made as part of the regular 16 practice of Monsanto* s business activity? 17 A. Yes. 18 Q. Was this record kept in the ordinary course of 19 Monsanto* s regularly-conducted business? 20 A. Yes. 21 Q. Will you now look at Plaintiff's Exhibit 1637. 22 Is this a document you have seen before? 23 A. I believe I've seen it. I was copied in on 24 x * 25 Q. All right. This is a letter from W. R. - 87 CONCANNON & JAEGER COMPUTER AIDED TRAMSCRIPTION 1 Richard to the file, dated March 10, 1969; is that correct? 2 A. Right. 3 Q. And it shows that you received a copy of it, 4 aiaong others? 5 A. Yes. 6 Q. On March 10, 1969, was W. R. Richard a 7 Monsanto employee? 8 A. Yes. 9 Q. What work did he do on March 10, 196 9 with 10 Monsanto? 11 A. He was director of research of the fluids 12 group. 13 Q. And did Mr. Richard generate this document? I 14 mean, did Dr., Richard generate this exhibit regarding a 15 meeting held March 6th, 1969 with Industrial Bio-Test 16 Laboratories, Inc., regarding Aroclor - Wildlife? 17 A. Yes. 18 Q. Was this exhibit made as part of the regular 19 practice of Monsanto's business activity? 20 A. Yes. 21 Q. Was it kept in the ordinary course of 22 Monsanto's regularly-conducted business? 23 A. Yes. 24 Q. Would you now look at Plaintiff* s Exhibit 25 1638. COM CAIRIOM & JAEGER 1 CD CO 1 COMPUTER AIDED TRANSCRIPTION i ^5 seconds. I1R. FEATHERS TONE: Would you give me just ten 3 (Thereupon, a short colloquy was had.) 4 0. (by Mr. Bradley) Is this a document you have 5 seen before? 6 A. Yes. 7 Q. Is this a letter from Elmer Wheeler to James 8 Nelson of General Electric Corporation, dated July 21, 9 196 9? 10 A. Yes. 11 Q. It has a handwriting in the top right-hand 12 corner. Do you see that? 13 A. Yes. 14 Q. Is that your handwriting? 15 A. No. 16 Q. Do you know whose handwriting that is? 17 A. Ho. 18 Q. Absent the handwriting, isthis a true and 19 accurate copy of the letter sent by Elmer Wheeler to James 20 Nelson, dated April 21, 1969? 21 MR. FEATHERSTONE: The contents of 1638 22 denotes certain attachments. Do you want to rephrase that 23 question? 24 MR. BRADLEY: I will rephrase it. 25 Absent the attachments that are referred to in - 89 - CONCANNON & JAEGER COMPUTER AIDED TRAMSCRIPTIDM 1 this exhibit, is it a true and accurate copy of the letter 2 sent by Elmer Wheeler to James Nelson, dated July 21, 1969? 3 A. Yes. 4 Q. (by Mr. Bradley) And other than the handwrit 5 ing, correct? 6 A . Ye s 7 Q. Is this a letter that was made as part of 3 Monsanto's regular practice of business? 9 A. Yes. 10 Q. Was it kept in theordinary course of 11 Monsanto's regularly-conducted business? 12 A. Yes. 13 Q. Would you now look at Plaintiff's Exhibit 828? 14 Excuse me. 15 (Thereupon, a short colloquy was had.) 16 Q. (by Mr. Bradley) Mr. Benignus, have you seen 17 Plaintiff's Exhibit.828 prior to today's deposition? 18 A. Yes. 19 Q. The first twopages of theexhibit indicate 20 that it's a cover letter from A. M. Salazar, again. Secre 21 tary of ANSI C-107 Committee, to all members of the ANSI 22 Committee, C-107, on use and disposal of askarel and 23 askarel-soaked materials, dated August 19, 1972; is that 24 correct? 25 A. Yes. - 90 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 Q. Would you now look at page -- or excuse me, paragraph four of the first page? Do you see there at the 3 very end of the paragraph it refers to Appendices 2 and 3? 4 A. Yes. 5 Q. Would you now look at the last two pages of 6 this exhibit? 7 A. Yes. 8 Q. Do the last two pages of Exhibit 828 have 9 written on them at the bottom, "Appendix 2," on one page, 10 and on the last page, "Appendix 3"? 11 A. Yes. 12 Q. Do thoseappear to be the Appendices 2 and 3 13 referred to at paragraph four of page one of Exhibit 828? 14 A. Yes. 15 Q. Also, attached to the cover letter frora Mr. 16 Salasar is what is referred to on the bottom of page one as 17 ,,"Appendix #1." Do you see that? 18 A. Yes. 19 Q. Do youknow if that appendix is the draft pro 20 posal for guidelines for handling and disposal of capacitor 21 and transformer grade askarels containing polychlorinated 22 biphenyls which is referred to in the first sentence of the 23 fourth paragraph of the first page of Plaintiff's Exhibit 24 82 8? 25 A. This is aroster. - 91 CON CANNON ,& JAEGER COMPUTER AIDED TRANSCRIPTION 1 MR. FEATHERSTONE: Yeah. He wants to know if 2 that is the draft proposal. 3 THE WITNESS: That's not a draft proposal. 4 It's a list of the people. 5 Q. (by Mr. Bradley) So, I take it -- Let me give 6 some assistance. Does it appear that appendix number one 7 is not the guidelines for handling and disposal of capaci 8 tor and transformer grade askarels containing polychlori 9 nated biphenyls that's referred to in the first sentence of 10 the fourth paragraph of Plaintiff's Exhibit 828? 11 A. Yes. 12 Q. It's not the same? 13 A. It's not the same. 14 Q. Do you recall receiving this document? 15 A. Yes. 16 Q. When you received it, do you recall whether it 17 had an appendix number one attached to a cover letter by A. 18 M. Salazar? 19 A. I can't recall, but that's the idea. 20 Q. Okay. Do you know whether the appendix number 21 one and the appendix number two and the appendix number 22 three were attached to the August 18, 1972 cover letter 23 sent by A. M. Salazar to members of the ANSI Committee? 24 HR. FEATHERSTONE: All right. Let's go off 25 the record. - 92 CONCANNON JAEGER COMPUTER AIDED TRANSCRIPTION 1 (Thereupon/ a short colloquy was had.) 2 MR. FEATHERSTONE: On behalf of the Defen 3 dants, we stipulate that Plaintiff's Exhibit 828, as its 4 constituted, in fact was part of the transmittal of August 5 18, 1972 from ANSI to its members. 6 Q. (by Mr. Bradley) And the portion that was 7 missing from the August 18, 1972 transmission is the pro 8 posal for the guidelines for handling and disposal of 9 capacitor and transformer grade askarels containing poly 10 chlorinated biphenyls; is that correct? 11 A. Yes 12 o. And absent the proposal, is this a true and 13 accurate copy of the material sent to you by A. M. Salazar 14 on August 18, 1972? 15 A. Yes. 16 Q. Was this exhibit written at or about the time 17 that Mr. Salazar distributed a draft proposal for guide 1 8 lines for handling and disposal of capacitor and trans 19 former grade askarels containing polychlorinated biphenyls? 20 A. Yes. 21 Q. Was it the regular practice of ANSI to send 22 out this kind of document? 23 A. Yes 24 Q. And did Monsanto keep a copy of this as part 25 of Monsanto's regular business activity? - 93 CONCANNON & JAEGER COMPUTER AIDED TRAM SCRIPT IOli 1 A. Yes. 2 Q. Would you now look at Plaintiff's Exhibit 833. 3 MR. PEATHERSTONS: If it matters to you, we 4 just did this one. It's 828. 5 MR. BRADLEY: We withdraw 833. 6 Would you look at Plaintiff's Exhibit 1171. /* Is this a document written by you November 11, 1971? 8 A. Yes. 9 Q. (by Mr. Bradley) Is this a true and accurate IO copy of the document you wrote on that date? 11 A. Yes. 12 Q. And is this an agenda for a meeting? 13 A. Yes. 14 Q. And did you generate this document at or about 15 the time of the meeting? 16 A. Yes. 17 Q. And did you generate this document as part of 18 Monsanto's regular business activity? 19 A. Yes. 20 Q. And did you maintain a copy of this document 21 in the ordinary course of Monsanto* s regularly-conducted 22 business? 23 A. Yes. 24 MR. BRADLEY: Let's go off the record one more 25 time. - 94 CONCANNON & JAEGER COMPUTER AIDED TRNSCRIPTIOK 1 (Thereupon, a short colloquy was had.) 2 Q. (by Mr. Bradley) Mr. Benignus, would you put 3 Plaintiff's Exhibit 1497 before you, please. Is this a 4 September 1, 1970 letter from Mr. Papageorge to Mr. 5 Reinhardt ? o0m A. Yes. 7 Q. And you're listed down as having received a 8 blind copy? o A. Yes. 10 Q. Excuse me. Not a blind copy, a regular copy. 11 A. Yes. 12 Q. Have youseen this document before? 13 A. Yes. 14 Q. Is this atrue and accurate copy of the letter 15 sent by Mr. Papageorge to Mr. Reinhardt, dated Septeraber 1, 16 197 0? 17 A. Yes. 18 Q. Did you inform Mr. Papageorge on or about 19 September 1, 1S70, suggesting that he prepare a paragraph 20 or two describing the PCB problem to be handled through 21 ANSI? 22 A . l e s . 23 Q. Is the attachment to the September 1, 1970 24 letter the material prepared by Mr. Papageorge pursuant to 25 your suggestion? - 95 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION i A. Yes. 2 Q. Was this exhibit made as part of Monsanto's 3 regular business activity? 4 A. Yes. 5 Q And was the record kept in the ordinary course 6 of Monsanto1s regularly-conducted business? 7 A. Yes. 8 Q. Would you now look at Plaintiff's Exhibit S 1492? Is this a letter from Mr. Papageorge to Mr. V-i10 i-a-n-d of Westinghouse Corporation, dated October 1, 1970? 11 A. Yes. 12 Q. And at the top right-hand portion of this 13 exhibit does it indicate that you received a blind carbon 14 copy of the letter? 15 A. Yes. 16 Q. Is that a true and accurate copy the letter 17 Mr. Papageorge wrote to Mr. V il and on October 1, 1S70? 18 A. Yes. 19 Q. Did Monsanto do a study in the Gainesville, 20 Florida area in 1938? 21 A. That was before my time, but yes. 22 Q. All right. And was this letter v/ritten by Mr. 23 Papageorge generated shortly after he received results of 24 laboratory information relating to the 1938 Monsanto study 25 in the Gainesville, Florida area? - 96 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 -i. MR. PETHERSTONE: Object to the form. 2 A. Yes. 3 Q. Did Mr. -- Let mephrase it this way: Did 4 Monsanto come into possession of laboratory information re 5 lating to a study it conducted in the Gainesville, Florida 5 area in '38 on or around October of 1970? 7 A. I think so. 8 Q. And was thisletterapparently written after 9 receipt of that laboratory information? 10 A. Yes. 11 Q. Was this exhibit made as part of the regular 12 practice of Monsanto's business activity? 13 A. Yes. 14 Q. Was it kept in the ordinary course of 15 Monsanto's regularly-conducted business activity? 16 A. Yes. 17 Q. Did I ask you whether it's a true and accurate 18 copy? 19 A. Yes. 20 Q. And it is? 21 A. Yes. 22 Q. Wouldyou now look at Plaintiff s Exhibit 23 1239. Is this a February 7, 1973 letter from E. L. Raab to 24 members of an insulating fluid subcommittee, IEEE trans 25 formers committee? - 97 - CONCANNON & JAEGER COMPUTER AIDED TRAM SCRIPT IOil i MR. FEATKERSTONE: There's a reference in the 2 third paragragh that attaches a copy of the minutes. That 3 does not seem to be part of this exhibit. You want to re 4 phrase that to be a cover letter? 5 Q. (by Mr. Bradley) Isthisexhibit a letter 6 sent by Mr. Raab, absent a copy of the minutes of the last 7 meeting that went to the members of the insulating fluid 8 subcommittee? 9 A. Yes. ' 10 Q. Is it a true and accurate copy of the letter 11 sent by Mr. Raab on that date, absent the attachment? 12 A. Yes. 13 MR. BRADLEY? Will General Electric stipulate 14 that this record was made as part of the regular practice 15 of General Electric business activity? 16 MR. KUNEYs Yes, we will. 17 Q. (by Mr. Bradley) Was this exhibitmaintained 18 by Monsanto in the ordinary course of its regularly- 19 conducted business? 20 A. Yes. 21 Q. Would you now look at Plaintiff's Exhibit 22 1158. Is this a copy of a February 23rd, 1971 letter from 23 A. M. Salazar regarding minutes of the committee on use and 24 disposal of askarel of the board of directors of the power 25 equipment division of the National Electrical Manufacturers - 98 - CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 Association, dated February 23rd, 1971? 2 A. Yes. 3 Q. Is this a true and -- Have you seen this docu 4 ment before? 5 A. Yes. 6 Q. Is this a true and accurate copy of that docu 7 ment prepared by A. M. Salasar on February 23rd, 1971? 8 MR. FE7\THERSTONE: The document, Mr. Bradley, 9 refers to exhibits A through H, right next to his signature 10 block. 11 Q. (by Mr.Bradley) Absentany exhibits that 12 this document says are attached, is this a true and 13 accurate copy of the letter sent by Mr. Salasar on February 14 23rd, 1971? 15 A. Yes. 16 Q. Was it the regular practice of the National 17 Electrical Manufacturers Association to generate documents 18 such as Plaintiff's Exhibit 1158? 19 A. Yes. 20 Q. And did Monsanto keep a copy of this in the 21 ordinary course of its regularly-conducted business? 22 A. Yes. 23 Q. Now would you now examineExhibit 1141? 24 Steve, I'm showing you a copy. The one I have 25 handed the witness has no highlighting on it. - 99 - CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 Is this a March 1, 1972 letter with an 2 attachment to ANSI C-107 working group members on capaci 3 tors, including you? 4 A. Yes. 5 Q. Is this adocument you have seen before? 6 A . Ye s 7 Q. And is this document with itsattachment a 8 true and accurate copy of a document with its attachment 9 that was sent by A. Pozefsky to ANSI C-107 working group 10 members on capacitors, including you, on March 1, 1972? 11 A. Yes. 12 MR. KUNEY: Ralph, could I just ask, is the 13 wit" ness saying that with the handwriting is how it came? 14 There are some handwritten notations in the attachment, and 15 I would say more than one handwriting, to my observation. 16 Q. (by Mr. Bradley) All right. Would you look 17 at page nine of the attachment? 18 A. Okay. 19 Q. Do you see the wording up there, "I do not 20 believe this is acceptable to enforcement agencies," and 21 there's a signature, initials, and it looks like "WBP"? 22 A. Yes. 23 Q.And when you received this document did it 24 have any handwriting on it? 25 A. I don't know. - 100 - CONCANNON & JAEGER COMPUTER AIDED TRAM SCRIPT IOil 1 Q. Would you turn the page to page ten of the 2 attachment? Do you see the handwriting of words on that OJ page? 4 A. Yes. 5 Q. Do you recall whether, when you received this 6 document, there were any handwritten words? 7 A. No. 8 Q. Well, other than the handwritten words that 9 appear on that exhibit, is this a true and accurate copy of 10 the letter and attachment sent to you and others by Mr. 11 Pozefsky on March 1, 1S72? 12 A. Yes. 13 HR. BRADLEYs And will General Electric stipu 14 late that this record was made as part of the General 15 Electric regular business activity? 16 MR. KUNEY: I guess in the present form we 17 could only so stipulate as to the cover letter. 18 HR. BRADLEY: Can you stipulate that the cover 19 letter and the attachment, minus any handwritten words, 20 were generated by GE as part of its regular business 21 activity, so that if I went through and I removed the 22 handwriting, you would be satisfied? 23 MR. KUNEY: The problem that I have, Ralph, is 24 that I don't know w h e th e r it was or wasn't sent with any of 25 the handwritten notations, so I can1t do that at this - 101 CONCANNON & JAEGER COIIPUTER AIDED TRANSCRIPTION 1 point. 2 Q. (by Mr. Bradley) All right. Was the first 3 page of this exhibit, the letter without the attacnment, 4 maintained by Monsanto in the ordinary course of its 5 regularly-conducted business? 6 A. Yes. 7 Q. Okay. Would you now look at Plaintiff's 3 Exhibit 1153? Is this a letter from Paul W. Gann to Clancy 9 E. Jayne, dated June 7, 1972? 10 A. Yes. 11 Q. At the bottom there is a blind note? do you 12 see that? 13 A. Yes. 14 Q. Also at the top of this it indicates that you, 15 among others, received a blind carbon copy? is that true? IQ A . Ye s. 17 Q. Have you seen this exhibit before? 18 A. I'm not certain that I did. It was not in my 19 area. This Gann is in the heat transfer fluids area. 20 Q. Do you know if Mr. Gann is still a Monsanto 21 employee? 22 A. No. I didn't know him. 23 Q. Would you now look at Plaintiff's Exhibit 24 1152? Have you seen this document before? 25 A. Well, again it's this Paul Gann, heat transfer - 102 CONCANNQN & JAEGER COMPUTER AIDED TRAM SCRIPT IOI3 1 u. area. I'm not certain whether I'm -- Although I got a 2 olind copy, I'm not certain that I saw it. It was out of 3 my area. 4 Q. All right. Would you now look at Plaintiff's 5 Exhibit 1593? Is this a letter sent by W. B. Papageorge to 6 w. R. Richard? 7 A . Yes 8 Q. Have you seen this document before? 9 A. Yes. 10 Q. Is this a true copy of a letter dated 11 September 13th, 1971, from Mr. Papageorge to Dr. Richard? 12 A. Yes. 13 Q. Is this a document that was made as part of 14 Monsanto's regular practice of business? 15 A. Yes. 16 Q. And was the record kept in the ordinary course 17 of Monsanto's regularly-conducted business? 18 A. Yes. 19 Q. Would you now look at Plaintiff's Exhibit 20 1254? Is this a copy of a letter from W. B. Papageorge, 21 dated November 4, 1971, to Mr. Edward L. Raab of General .&r\ rs Electric Company? 23 A. Yes. 24 Q. Is this a true and accurate copy of tne letter 25 sent by Mr. Papageorge to Mr. Raab on that date? - 103 - COMCANNON a JAEGER COMPUTER AIDED TRANSCRIPTION 1 A. Yes. 2 Q. Was this -- Is this a record that was made as 3 part of Monsanto's regular practice? 4 Yes? What? 5 MR. FEATHERSTONE: Well, that letter refers to 6 attachments. 7 MR. BRADLEY: All right. Pine. 8 Is this a true and accurate copy, absent any 9 attachments, that was sent by Mr. Papageorge on November 4, 10 1971 to Mr. Raab? 11 A. Yes. 12 Q. (by Mr. Bradley) And was this exhibit, and 13 again minus any attachments referred to, made as part of 14 the regular practice of Monsanto's business activities? 15 A. Yes. 16 Q. Was the record kept in the ordinary course of 17 Monsanto's regularly-conducted business? 18 A. Yes. 19 Q. Now look at Plaintiff's Exhibit 1508. Is this 20 a letter written by you on October 13th, 1971 to Dr. Dakin 21 of Westinghouse? 22 A. Yes. 23 Q. Did you write the letter in response to a 24 telephone call you received by Dr. Dakin on that date? 25 A. Yes. - 104 COMCANNOK & JAEGER COMPUTER AIDED TRANSCRIPTION 1 Q. Is this a true and accurate copy of the letter 2 you wrote to Mr. Dakin on that date? 3 A. Yes. 4 Q. Did you write this letter as part of the 5 regular practice of Monsanto's business activity? 6 A. Yes. 7 Q. Was the record kept in the ordinary course of 8 Monsanto's regularly-conducted business? 9 A. Yes. 10 Q. Would you now look at Plaintiff's Exhibit 336. 11 Is this a copy of a letter from T. K-a-t-a-y-a-m-a to you, 12 dated March 22nd, 1972? 13 A. Yes. 14 Q. Is this a true and accurate copy of the letter 15 sent by that gentleman to you on that date? 16 A. Yes. 17 Q. Was this letter written in response to a March 18 20th, 1972 question that you posed in a letter? 19 A. Yes. 20 Q. Was this letter made as part of the regular 21 practice of Monsanto's business activity. 22 MR. FEATHERSTONE; Which one, now, PX 336? 23 MR. BRADLEY: Yes. 24 A. Yes. 25 Q. (by Mr. Bradley) And was the letter kept in - 105 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION t -TL the ordinary course of Monsanto's regularly-conducted 2 business? 3 A. Yes. 4 MR. BRADLEY: It is now a little after 4:00, 5 and I understand that your attorney would like you to leave 6 so that you can avoid the rush-hour traffic. So, we still 7 have a few more questions for you, but we'11 arrange them 8 on another occasion to fit your convenience. Thank you 9 very much. 10 THE WITNESS: Thank you. II (Thereupon, the deposition was adjourned, to be 12 reconvened at a future date.) 13 14 15 16 17 18 19 20 21 22 23 24 25 - 106 CONCANNON & JAEGER